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                                                      PRINTER'S NO. 2739

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1945 Session of 2005


        INTRODUCED BY CREIGHTON, VITALI, METCALFE, TURZAI, DENLINGER,
           ELLIS, GABIG, GINGRICH, GRELL, HANNA, HUTCHINSON, KAUFFMAN,
           MACKERETH, MARSICO, PETRARCA, PYLE, REED, SAINATO, SHAPIRO,
           CLYMER, GRUCELA, GERBER, SCAVELLO, TANGRETTI, READSHAW,
           CURRY, BENNINGHOFF, BOYD, FABRIZIO, FREEMAN, HICKERNELL,
           M. KELLER, RUBLEY, TRUE, DIVEN, NAILOR, McILHATTAN, SHANER,
           RAPP, SONNEY, DeLUCA, SAMUELSON, HABAY, WOJNAROSKI, STAIRS,
           STERN, T. STEVENSON, BASTIAN AND YEWCIC, SEPTEMBER 27, 2005

        REFERRED TO COMMITTEE ON RULES, SEPTEMBER 27, 2005

                                     AN ACT

     1  Amending Titles 42 (Judiciary and Judicial Procedure), 46
     2     (Legislature) and 71 (State Government) of the Pennsylvania
     3     Consolidated Statutes, deleting provisions relating to
     4     compensation; and repealing provisions relating to
     5     inconsistent repeals.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Sections 1801, 1802, 1803, 1804, 1805, 1806,
     9  1807, 1808, 1809, 1809.1 and 1810 of Title 42 of the
    10  Pennsylvania Consolidated Statutes, added July 7, 2005 (P.L.201,
    11  No.44), are amended to read:
    12  [§ 1801.  Definitions.
    13     The following words and phrases when used in this chapter
    14  shall have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Base salary."  The salary for the designated Federal


     1  official as of January 1, 2005.
     2  § 1802.  Supreme Court.
     3     (a)  Justices.--Except as set forth in subsection (b), a
     4  justice of the Supreme Court shall receive as an annual salary
     5  the base salary of a circuit judge of the United States Court of
     6  Appeals plus all adjustments under section 1810 (relating to
     7  cost of living).
     8     (b)  Chief Justice.--In addition to the salary under
     9  subsection (a), the Chief Justice of the Supreme Court shall
    10  receive $5,000.
    11  § 1803.  Superior Court.
    12     (a)  Judges.--Except as set forth in subsection (b), a judge
    13  of the Superior Court shall receive as an annual salary the base
    14  salary of a judge of the United States District Court plus all
    15  adjustments under section 1810 (relating to cost of living).
    16     (b)  President judge.--In addition to the salary under
    17  subsection (a), the President Judge of the Superior Court shall
    18  receive $5,000.
    19  § 1804.  Commonwealth Court.
    20     (a)  Judges.--Except as set forth in subsection (b), a judge
    21  of the Commonwealth Court shall receive as an annual salary the
    22  base salary of a judge of the United States District Court plus
    23  all adjustments under section 1810 (relating to cost of living).
    24     (b)  President Judge.--In addition to the salary under
    25  subsection (a), the President Judge of the Commonwealth Court
    26  shall receive $5,000.
    27  § 1805.  Courts of common pleas.
    28     (a)  Judges.--Except as set forth in subsection (b), a judge
    29  of a court of common pleas shall receive as an annual salary the
    30  base salary of a United States magistrate judge plus all
    20050H1945B2739                  - 2 -     

     1  adjustments under section 1810 (relating to cost of living).
     2     (b)  President judges.--In addition to the salary under
     3  subsection (a), the president judge of a court of common pleas
     4  shall receive additional compensation in accordance with the
     5  following schedule:
     6         (1)  Allegheny County, $2,500.
     7         (2)  Philadelphia County, $3,000.
     8         (3)  Judicial districts having six or more judges,
     9     $1,300.
    10         (4)  Judicial districts having one to five judges, $650.
    11         (5)  Administrative judges of the divisions of the Court
    12     of Common Pleas of Philadelphia County with divisions of six
    13     or more judges, $1,300.
    14         (6)  Administrative judges of the divisions of the Court
    15     of Common Pleas of Philadelphia County with divisions of five
    16     or fewer judges, $650.
    17         (7)  Administrative judges of the divisions of the Court
    18     of Common Pleas of Allegheny County with divisions of six or
    19     more judges, $1,300.
    20         (8)  Administrative judges of the divisions of the Court
    21     of Common Pleas of Allegheny County with divisions of five or
    22     fewer judges, $650.
    23  § 1806.  Philadelphia Municipal Court.
    24     (a)  Judges.--Except as set forth in subsection (b), a judge
    25  of the Philadelphia Municipal Court shall receive as an annual
    26  salary the base salary of a United States magistrate judge minus
    27  $3,450 plus all adjustments under section 1810 (relating to cost
    28  of living).
    29     (b)  President Judge.--In addition to the salary under
    30  subsection (a), the President Judge of the Philadelphia
    20050H1945B2739                  - 3 -     

     1  Municipal Court shall receive $2,250.
     2  § 1807.  Philadelphia Traffic Court.
     3     (a)  Judges.--Except as set forth in subsection (b), a judge
     4  of the Philadelphia Traffic Court shall receive an annual salary
     5  equal to 50% of the annual salary determined under section
     6  1805(a) (relating to courts of common pleas) plus $3,800.
     7     (b)  President Judge.--In addition to the salary under
     8  subsection (a), the President Judge of the Philadelphia Traffic
     9  Court shall receive $650.
    10  § 1808.  Magisterial district judges.
    11     A magisterial district judge shall receive an annual salary
    12  equal to 50% of the annual salary determined under section
    13  1805(a) (relating to courts of common pleas).
    14  § 1809.  Senior judges.
    15     (a)  Amount.--The compensation payable to a senior judge of a
    16  court of common pleas, a senior Commonwealth Court judge, a
    17  senior Superior Court judge and a senior Supreme Court justice,
    18  assigned pursuant to section 4121 (relating to assignment of
    19  judges), and a senior Philadelphia Municipal Court judge
    20  assigned pursuant to section 4124 (relating to assignment of
    21  senior Philadelphia Municipal Court judges) shall be $456 per
    22  day plus all adjustments under section 1810(a)(1)(ii) (relating
    23  to cost of living). In any calendar year the amount of
    24  compensation which a senior judge shall be permitted to earn as
    25  a senior judge shall not, when added to retirement income paid
    26  by the Commonwealth for the senior judge, exceed the annual
    27  salary payable by the Commonwealth to a judge then in regular
    28  active service on the court from which the senior judge retired.
    29     (b)  Limitation.--In any calendar year, the amount of
    30  compensation which a senior judge assigned to serve on a court
    20050H1945B2739                  - 4 -     

     1  referred to in section 1806 (relating to Philadelphia Municipal
     2  Court), 1807 (relating to Philadelphia Traffic Court) or 1808
     3  (relating to magisterial district judges) shall be permitted to
     4  earn as a senior judge shall not, when added to retirement
     5  income paid by the Commonwealth to that senior judge, exceed the
     6  compensation payable by the Commonwealth to a judge then in
     7  regular active service on the court from which that senior judge
     8  retired.
     9     (c)  Volunteer service.--A senior judge who so elects may
    10  serve without being paid all or any portion of the compensation
    11  provided by this section.
    12  § 1809.1.  District attorneys.
    13     Notwithstanding section 1401(g) of the act of August 9, 1955
    14  (P.L.323, No.130), known as The County Code, the salary of a
    15  district attorney and a part-time district attorney shall be
    16  determined as follows:
    17         (1)  The salary of a full-time district attorney shall be
    18     95% of the salary of a judge of the court of common pleas
    19     under section 1805(a) (relating to court of common pleas).
    20         (2)  The salary of a part-time district attorney shall be
    21     determined as follows:
    22             (i)  Counties of the third or fourth class shall be
    23         60% of the salary under paragraph (1).
    24             (ii)  Counties of the fifth or sixth class shall be
    25         50% of the salary under paragraph (1).
    26             (iii)  Counties of the seventh or eighth class shall
    27         be 40% of the salary under paragraph (1).
    28  § 1810.  Cost of living.
    29     (a)  Increase.--Beginning January 1, 2007, and each January 1
    30  thereafter, the current annual salaries under this chapter shall
    20050H1945B2739                  - 5 -     

     1  be increased as follows:
     2         (1)  Except as set forth in paragraph (2), by the greater
     3     of:
     4             (i)  the percentage increase in the salary of the
     5         applicable designated Federal official during the
     6         immediately preceding period from December 1 through
     7         November 30; or
     8             (ii)  the percentage increase in the Consumer Price
     9         Index for All Urban Consumers (CPI-U) for the
    10         Pennsylvania, New Jersey, Delaware and Maryland area for
    11         the most recent 12-month period for which figures have
    12         been officially reported by the United States Department
    13         of Labor, Bureau of Labor Statistics.
    14         (2)  If the salary of the applicable designated Federal
    15     official has been increased in the previous 12-month period
    16     after not having been increased in one or more previous
    17     consecutive 12-month periods, the current annual salaries
    18     under this chapter shall be increased by the greater of:
    19             (i)  the percentage change in the Consumer Price
    20         Index for All Urban Consumers (CPI-U) for the
    21         Pennsylvania, New Jersey, Delaware and Maryland area for
    22         the most recent 12-month period for which figures have
    23         been officially reported by the United States Department
    24         of Labor, Bureau of Labor Statistics; or
    25             (ii)  the excess of the percentage of the increase in
    26         the salary of the applicable designated Federal official
    27         over the cumulative percentage increase of the change in
    28         the Consumer Price Index for All Urban Consumers (CPI-U)
    29         for the Pennsylvania, New Jersey, Delaware and Maryland
    30         area for the same period of time between the most current
    20050H1945B2739                  - 6 -     

     1         increase in the salary of the applicable designated
     2         Federal official and the immediate prior increase.
     3     (b)  Administration.--The annual salaries as adjusted under
     4  subsection (a) shall be published in the Pennsylvania Bulletin
     5  by the Court Administrator of Pennsylvania by January 1, 2007,
     6  and by each January 1 thereafter.]
     7     Section 2.  Sections 1101, 1102, 1103, 1104, 1105, 1106,
     8  1107, 1301 and 1302 of Title 46, added July 7, 2005 (P.L.201,
     9  No.44), are amended to read:
    10  [§ 1101.  Definitions.
    11     The following words and phrases when used in this chapter
    12  shall have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Base salary."  The salary for the designated Federal
    15  official as of January 1, 2005.
    16  § 1102.  Members of the General Assembly.
    17     (a)  Senate.--Except as set forth in section 1103(a)
    18  (relating to legislative officers and leaders), a member of the
    19  Senate shall receive an annual salary equal to 50% of the base
    20  salary of a member of the United States House of Representatives
    21  plus all adjustments under section 1104 (relating to cost of
    22  living).
    23     (b)  House of Representatives.--Except as set forth in
    24  section 1103(b), a member of the House of Representatives shall
    25  receive an annual salary equal to 50% of the base salary of a
    26  member of the United States House of Representatives plus all
    27  adjustments under section 1104.
    28  § 1103.  Legislative officers and leaders.
    29     (a)  Senate.--Annual salaries for legislative officers and
    30  leaders of the Senate are as follows:
    20050H1945B2739                  - 7 -     

     1         (1)  Except as set forth in paragraph (5)(i), a committee
     2     chairman shall receive 55% of the base salary of a member of
     3     the United States House of Representatives plus all
     4     adjustments under section 1104 (relating to cost of living).
     5         (2)  A committee vice chairman shall receive 52.5% of the
     6     base salary of a member of the United States House of
     7     Representatives plus all adjustments under section 1104.
     8         (3)  The following shall receive the salary determined
     9     under paragraph (1) plus 20% of that salary:
    10             (i)  Caucus Administrator.
    11             (ii)  Caucus Secretary.
    12             (iii)  Caucus Policy Chairman.
    13             (iv)  Deputy Whip.
    14         (4)  The Caucus Chairman shall receive the salary
    15     determined under paragraph (3) plus 8% of that salary.
    16         (5)  The following shall receive the salary determined
    17     under paragraph (4) plus 8% of that salary:
    18             (i)  Appropriations Chairman.
    19             (ii)  Whip.
    20         (6)  A Floor Leader shall receive the salary determined
    21     under paragraph (5) plus 8% of that salary.
    22         (7)  The President pro tempore of the Senate shall
    23     receive the salary determined under paragraph (6) plus 8% of
    24     that salary.
    25     (b)  House of Representatives.--Annual salaries for
    26  legislative officers and leaders of the House of Representatives
    27  are as follows:
    28         (1)  Except as set forth in paragraph (5)(i), a committee
    29     chairman shall receive 55% of the base salary of a member of
    30     the United States House of Representatives plus all
    20050H1945B2739                  - 8 -     

     1     adjustments under section 1104.
     2         (2)  A committee vice chairman and a subcommittee
     3     chairman shall receive 52.5% of the base salary of a member
     4     of the United States House of Representatives plus all
     5     adjustments under section 1104.
     6         (3)  The following shall receive the salary determined
     7     under paragraph (1) plus 20% of that salary:
     8             (i)  Caucus Administrator.
     9             (ii)  Caucus Secretary.
    10             (iii)  Caucus Policy Chairman.
    11         (4)  The Caucus Chairman shall receive the salary
    12     determined under paragraph (3) plus 8% of that salary.
    13         (5)  The following shall receive the salary determined
    14     under paragraph (4) plus 8% of that salary:
    15             (i)  Appropriations Chairman.
    16             (ii)  Whip.
    17         (6)  A Floor Leader shall receive the salary determined
    18     under paragraph (5) plus 8% of that salary.
    19         (7)  The Speaker of the House of Representatives shall
    20     receive the salary determined under paragraph (6) plus 8% of
    21     that salary.
    22     (c)  Limitations.--
    23         (1)  An individual entitled to receive an annual salary
    24     under this section shall be ineligible to concurrently
    25     receive an annual salary under section 1102 (relating to
    26     members of the General Assembly).
    27         (2)  An individual shall be ineligible to concurrently
    28     receive more than one annual salary under this section.
    29         (3)  An individual entitled to receive an annual salary
    30     under subsection (a)(3), (4), (5), (6) or (7) shall be
    20050H1945B2739                  - 9 -     

     1     ineligible to concurrently receive an annual salary under
     2     subsection (a)(1) or (2).
     3         (4)  An individual entitled to receive an annual salary
     4     under subsection (b)(3), (4), (5), (6) or (7) shall be
     5     ineligible to concurrently receive an annual salary under
     6     subsection (b)(1) or (2).
     7     (d)  Officers and chairmen.--
     8         (1)  Except as set forth in paragraph (2), if an
     9     individual receives an annual salary increase under this
    10     section, the salary increase shall take effect as of the date
    11     the individual is selected or elected.
    12         (2)  For an individual who is selected or elected in the
    13     first two months of an odd-numbered year, if the individual
    14     receives an annual salary increase under this section, the
    15     salary increase shall be retroactive to December 1 of the
    16     preceding even-numbered year.
    17  § 1104.  Cost of living.
    18     (a)  Formula.--On December 1, 2006, and each December 1
    19  thereafter, the current annual salaries under sections 1102
    20  (relating to members of the General Assembly) and 1103(a)(1) and
    21  (2) and (b)(1) and (2) (relating to legislative officers and
    22  leaders) shall be increased as follows:
    23         (1)  Except as set forth in paragraph (2), by the greater
    24     of:
    25             (i)  the percentage increase in the salary of the
    26         applicable designated Federal official during the
    27         immediately preceding period from December 1 through
    28         November 30; or
    29             (ii)  the percentage change in the Consumer Price
    30         Index for All Urban Consumers (CPI-U) for the
    20050H1945B2739                 - 10 -     

     1         Pennsylvania, New Jersey, Delaware and Maryland area, for
     2         the most recent 12-month period for which figures have
     3         been officially reported by the United States Department
     4         of Labor, Bureau of Labor Statistics.
     5         (2)  If the salary of the applicable designated Federal
     6     official has been increased in the previous 12-month period
     7     after not having been increased in one or more previous
     8     consecutive 12-month periods, the current annual salaries
     9     under sections 1102 and 1103(a)(1) and (2) and (b)(1) and (2)
    10     shall be increased by the greater of:
    11             (i)  the percentage change in the Consumer Price
    12         Index for All Urban Consumers (CPI-U) for the
    13         Pennsylvania, New Jersey, Delaware and Maryland area for
    14         the most recent 12-month period for which figures have
    15         been officially reported by the United States Department
    16         of Labor, Bureau of Labor Statistics; or
    17             (ii)  the excess of the percentage of the increase in
    18         the salary of the applicable designated Federal official
    19         over the cumulative percentage increase of the change in
    20         the Consumer Price Index for All Urban Consumers (CPI-U)
    21         for the Pennsylvania, New Jersey, Delaware and Maryland
    22         area for the same period of time between the most current
    23         increase in the salary of the applicable designated
    24         Federal official and the immediate prior increase.
    25     (b)  Administration.--The annual salaries determined jointly
    26  by the Chief Clerk of the Senate and the Chief Clerk of the
    27  House of Representatives under subsection (a) shall be published
    28  in the Pennsylvania Bulletin by December 1, 2006, and by each
    29  December 1 thereafter.
    30  § 1105.  Payment of salaries.
    20050H1945B2739                 - 11 -     

     1     The annual salary of a member of the General Assembly shall
     2  be payable in equal monthly installments the first day of the
     3  month, including the installment due December 1 of each even-
     4  numbered year.
     5  § 1106.  Mileage and expenses.
     6     (a)  Mileage.--A member of the General Assembly shall be
     7  reimbursed for mileage, circular, between the member's home and
     8  the State Capitol for each week the member was in actual
     9  attendance in session. The rate of reimbursement shall be set by
    10  the Committee on Management Operations for members of the Senate
    11  and by the Bipartisan Management Committee for members of the
    12  House of Representatives. The rate shall not exceed the Standard
    13  Business Mileage Rate set by the Internal Revenue Service.
    14     (b)  Expenses.--Each member of the General Assembly shall
    15  receive an allocation for clerical assistance and other actual
    16  expenses incurred during the member's term in connection with
    17  the duties of the member's office in the sum of $7,500 annually.
    18  § 1107.  Additional expenses.
    19     (a)  Senate.--
    20         (1)  Beginning on the effective date of this subsection
    21     and ending November 30, 2008, a member of the Senate shall
    22     receive monthly, in addition to any allocation for clerical
    23     assistance and other actual expenses, an unvouchered expense
    24     allocation in the amount of 1/12 of the difference between:
    25             (i)  the amount specified for a member in:
    26                 (A)  section 1102(a) (relating to members of the
    27             General Assembly) plus section 1104 (relating to cost
    28             of living) as appropriate; or
    29                 (B)  section 1103(a) (relating to legislative
    30             officers and leaders) plus section 1104 as
    20050H1945B2739                 - 12 -     

     1             appropriate; and
     2             (ii)  the amount calculated for that member as of the
     3         effective date of this subparagraph pursuant to the act
     4         of September 30, 1983 (P.L.160, No.39), known as the
     5         Public Official Compensation Law.
     6         (2)  This subsection shall expire November 30, 2008.
     7     (b)  House of Representatives.--
     8         (1)  Beginning on the effective date of this subsection,
     9     a member of the House of Representatives may receive each
    10     month, in addition to any allocation for clerical assistance
    11     and other actual expenses, an unvouchered expense allocation
    12     in the amount of 1/12 of the difference between:
    13             (i)  the amount specified for a member in:
    14                 (A)  section 1102(b); or
    15                 (B)  section 1103(b) as appropriate; and
    16             (ii)  the amount calculated for that member as of the
    17         effective date of this subparagraph pursuant to the
    18         Public Official Compensation Law.
    19         (2)  The Rules Committee of the House of Representatives
    20     shall determine the procedure by which a member of the House
    21     of Representatives may receive an allocation under this
    22     subsection.
    23         (3)  This subsection shall expire November 30, 2006.
    24  § 1301.  Senate.
    25     (a)  Election.--
    26         (1)  The President pro tempore of the Senate shall be
    27     elected by the members of the Senate.
    28         (2)  The following officers of the Senate shall be
    29     elected by the appropriate caucus:
    30             (i)  Majority Leader.
    20050H1945B2739                 - 13 -     

     1             (ii)  Minority Leader.
     2             (iii)  Majority Whip.
     3             (iv)  Minority Whip.
     4             (v)  Majority Caucus Chairman.
     5             (vi)  Minority Caucus Chairman.
     6             (vii)  Appropriations Chairman.
     7             (viii)  Minority Appropriations Chairman.
     8             (ix)  Majority Caucus Secretary.
     9             (x)  Minority Caucus Secretary.
    10             (xi)  Minority Policy Chairman.
    11     (b)  Appointment.--
    12         (1)  The following officers of the Senate shall be
    13     appointed by the President pro tempore of the Senate:
    14             (i)  Majority Policy Chairman.
    15             (ii)  Majority Caucus Administrator.
    16             (iii)  Majority Deputy Whip.
    17         (2)  The following officers of the Senate shall be
    18     appointed by the Minority Leader of the Senate:
    19             (i)  Minority Caucus Administrator.
    20             (ii)  Minority Deputy Whip.
    21  § 1302.  House of Representatives.
    22     (a)  Members.--The Speaker of the House of Representatives
    23  shall be elected by the members of the House of Representatives.
    24     (b)  Caucuses.--The following officers of the House of
    25  Representatives shall be elected by the appropriate caucus:
    26         (1)  Majority Leader.
    27         (2)  Minority Leader.
    28         (3)  Majority Whip.
    29         (4)  Minority Whip.
    30         (5)  Majority Caucus Chairman.
    20050H1945B2739                 - 14 -     

     1         (6)  Minority Caucus Chairman.
     2         (7)  Appropriations Chairman.
     3         (8)  Minority Appropriations Chairman.
     4         (9)  Majority Caucus Secretary.
     5         (10)  Minority Caucus Secretary.
     6         (11)  Majority Policy Chairman.
     7         (12)  Minority Policy Chairman.
     8         (13)  Majority Caucus Administrator.
     9         (14)  Minority Caucus Administrator.]
    10     Section 3.  Sections 1101, 1102, 1103, 1104 and 1105 of Title
    11  71, added July 7, 2005 (P.L.201, No.44), are amended to read:
    12  [§ 1101.  Definitions.
    13     The following words and phrases when used in this chapter
    14  shall have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     "Base salary."  The salary for the designated Federal
    17  official as of January 1, 2007.
    18  § 1102.  Governor, Lieutenant Governor and Cabinet.
    19     (a)  Governor.--The Governor shall receive an annual salary
    20  equal to 85% of the base salary of the Vice President of the
    21  United States plus all adjustments under section 1105 (relating
    22  to cost of living).
    23     (b)  Lieutenant Governor.--The Lieutenant Governor shall
    24  receive an annual salary equal to:
    25         (1)  the salary under 46 Pa.C.S. § 1103(a)(7) (relating
    26     to legislative officers and leaders); plus
    27         (2)  $15,000.
    28     (c)  Cabinet.--Each of the following officers shall receive
    29  an annual salary equal to 85% of the base salary of the Attorney
    30  General of the United States plus all adjustments under section
    20050H1945B2739                 - 15 -     

     1  1105:
     2         (1)  Adjutant General.
     3         (2)  Secretary of Aging.
     4         (3)  Secretary of Agriculture.
     5         (4)  Secretary of Banking.
     6         (5)  Secretary of the Commonwealth.
     7         (6)  Secretary of Community and Economic Development.
     8         (7)  Secretary of Conservation and Natural Resources.
     9         (8)  Secretary of Corrections.
    10         (9)  Secretary of Education.
    11         (10)  Secretary of Environmental Protection.
    12         (11)  Secretary of General Services.
    13         (12)  Secretary of Health.
    14         (13)  Insurance Commissioner of the Commonwealth.
    15         (14)  Secretary of Labor and Industry.
    16         (15)  Secretary of Public Welfare.
    17         (16)  Secretary of Revenue.
    18         (17)  Pennsylvania State Police Commissioner.
    19         (18)  Secretary of Transportation.
    20  § 1103.  State Treasurer, Auditor General and Attorney General.
    21     Each of the following officers shall receive an annual salary
    22  equal to 94% of the base salary of the Attorney General of the
    23  United States plus all adjustments under section 1105 (relating
    24  to cost of living):
    25         (1)  State Treasurer.
    26         (2)  Attorney General.
    27         (3)  Auditor General.
    28  § 1104.  Additional salary prohibited.
    29     No officer listed in this chapter shall receive additional
    30  salary for services rendered to the Commonwealth in any
    20050H1945B2739                 - 16 -     

     1  capacity.
     2  § 1105.  Cost of living.
     3     (a)  Increase.--On January 1, 2008, and each January 1
     4  thereafter, the current annual salaries under section 1102(a)
     5  and (c) (relating to Governor, Lieutenant Governor and Cabinet)
     6  and 1103 (relating to State Treasurer, Auditor General and
     7  Attorney General) shall be increased as follows:
     8         (1)  Except as set forth in paragraph (2), by the greater
     9     of:
    10             (i)  the percentage increase in the salary of the
    11         applicable designated Federal official during the
    12         immediately preceding period from December 1 through
    13         November 30; or
    14             (ii)  the percentage increase in the Consumer Price
    15         Index for All Urban Consumers (CPI-U) for the
    16         Pennsylvania, New Jersey, Delaware and Maryland area, for
    17         the most recent 12-month period for which figures have
    18         been officially reported by the United States Department
    19         of Labor, Bureau of Labor Statistics.
    20         (2)  If the salary of the applicable designated Federal
    21     official has been increased in the previous 12-month period
    22     after not having been increased in one or more previous
    23     consecutive 12-month periods, the current annual salaries
    24     under sections 1102(a) and (c) and 1103 shall be increased by
    25     the greater of:
    26             (i)  the percentage change in the Consumer Price
    27         Index for All Urban Consumers (CPI-U) for the
    28         Pennsylvania, New Jersey, Delaware and Maryland area for
    29         the most recent 12-month period for which figures have
    30         been officially reported by the United States Department
    20050H1945B2739                 - 17 -     

     1         of Labor, Bureau of Labor Statistics; or
     2             (ii)  the excess of the percentage of the increase in
     3         the salary of the applicable designated Federal official
     4         over the cumulative percentage increase of the change in
     5         the Consumer Price Index for All Urban Consumers (CPI-U)
     6         for the Pennsylvania, New Jersey, Delaware and Maryland
     7         area for the same period of time between the most current
     8         increase in the salary of the applicable designated
     9         Federal official and the immediate prior increase.
    10     (b)  Administration.--The annual salaries as adjusted under
    11  subsection (a) shall be published by the Secretary of the Budget
    12  in the Pennsylvania Bulletin by January 1, 2008, and by each
    13  January 1 thereafter.]
    14     Section 4.  Repeals are as follows:
    15         (1)  The General Assembly declares that the repeal under
    16     paragraph (2) is necessary to effectuate the amendment of 42
    17     Pa.C.S. Ch. 18, 46 Pa.C.S. Pt. II and 71 Pa.C.S. Pt. II.
    18         (2)  Section 5 of the act of July 7, 2005 (P.L.201,
    19     No.44), entitled "An act amending Titles 42 (Judiciary and
    20     Judicial Procedure), 46 (Legislature) and 71 (State
    21     Government) of the Pennsylvania Consolidated Statutes,
    22     providing for compensation; and making an inconsistent
    23     repeal," is repealed.
    24     Section 5.  This act shall take effect immediately.




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