PRIOR PRINTER'S NOS. 1896, 2408, 3052, PRINTER'S NO. 3059
3058
No. 1539 Session of 2005
INTRODUCED BY NICKOL, CALTAGIRONE, CREIGHTON, DENLINGER, GEIST,
GILLESPIE, HARRIS, JAMES, STERN, E. Z. TAYLOR, THOMAS,
McILHATTAN, R. STEVENSON, HARHART AND DALLY, MAY 9, 2005
SENATE AMENDMENTS TO HOUSE AMENDMENTS, NOVEMBER 2, 2005
AN ACT
1 Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
2 as amended, "An act relating to the finances of the State
3 government; providing for the settlement, assessment,
4 collection, and lien of taxes, bonus, and all other accounts
5 due the Commonwealth, the collection and recovery of fees and
6 other money or property due or belonging to the Commonwealth,
7 or any agency thereof, including escheated property and the
8 proceeds of its sale, the custody and disbursement or other
9 disposition of funds and securities belonging to or in the
10 possession of the Commonwealth, and the settlement of claims
11 against the Commonwealth, the resettlement of accounts and
12 appeals to the courts, refunds of moneys erroneously paid to
13 the Commonwealth, auditing the accounts of the Commonwealth
14 and all agencies thereof, of all public officers collecting
15 moneys payable to the Commonwealth, or any agency thereof,
16 and all receipts of appropriations from the Commonwealth,
17 authorizing the Commonwealth to issue tax anticipation notes
18 to defray current expenses, implementing the provisions of
19 section 7(a) of Article VIII of the Constitution of
20 Pennsylvania authorizing and restricting the incurring of
21 certain debt and imposing penalties; affecting every
22 department, board, commission, and officer of the State
23 government, every political subdivision of the State, and
24 certain officers of such subdivisions, every person,
25 association, and corporation required to pay, assess, or
26 collect taxes, or to make returns or reports under the laws
27 imposing taxes for State purposes, or to pay license fees or
28 other moneys to the Commonwealth, or any agency thereof,
29 every State depository and every debtor or creditor of the
30 Commonwealth," providing for public official compensation;
31 further providing for reports to the Secretary of Revenue;
32 establishing and providing for appropriation to the Emergency
1 Energy Assistance Fund; and making a repeal related to public
2 official compensation.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. The act of April 9, 1929 (P.L.343, No.176), known
6 as The Fiscal Code, is amended by adding a section to read:
7 Section 311. Public Official Compensation Limitations.--(a)
8 This section shall apply to:
9 (1) Members, legislative officers and leaders of the General
10 Assembly.
11 (2) Justices and judges of the courts of this Commonwealth.
12 (3) The Governor, Lieutenant Governor and cabinet members.
13 (4) The State Treasurer.
14 (5) The Auditor General.
15 (6) The Attorney General.
16 (b) Except as provided in this section, for officials listed
17 in subsection (a), the State Treasurer shall pay salaries,
18 mileage and expenses in accordance with requirements in effect
19 on July 1, 2005.
20 (c) On December 1, 2006, and each December 1 thereafter, the
21 salaries paid to officials listed in subsection (a) shall be
22 increased by the percentage increase in the Consumer Price Index
23 for all Urban Consumers (CPI-U) for the Pennsylvania, New
24 Jersey, Delaware and Maryland area for the most recent twelve-
25 month period for which figures have been officially reported by
26 the United States Department of Labor, Bureau of Labor
27 Statistics.
28 (d) The annual salaries as determined by the State Treasurer
29 under this section shall be published in the Pennsylvania
30 Bulletin by December 1, 2006, and by each December 1 thereafter.
20050H1539B3059 - 2 -
1 (e) Reserved.
2 (f) The President pro tempore of the Senate shall be elected
3 by the members of the Senate.
4 (g) The following officers of the Senate shall be elected by
5 the appropriate caucus:
6 (1) Majority Leader.
7 (2) Minority Leader.
8 (3) Majority Whip.
9 (4) Minority Whip.
10 (5) Majority Caucus Chairman.
11 (6) Minority Caucus Chairman.
12 (7) Appropriations Chairman.
13 (8) Minority Appropriations Chairman.
14 (9) Majority Caucus Secretary.
15 (10) Minority Caucus Secretary.
16 (11) Minority Policy Chairman.
17 (h) The following officers of the Senate shall be appointed
18 by the President pro tempore of the Senate:
19 (1) Majority Policy Chairman.
20 (2) Majority Caucus Administrator.
21 (3) Majority Deputy Whip.
22 (i) The following officers of the Senate shall be appointed
23 by the Minority Leader of the Senate:
24 (1) Minority Caucus Administrator.
25 (2) Minority Deputy Whip.
26 (j) The Speaker of the House of Representatives shall be
27 elected by the members of the House of Representatives.
28 (k) The following officers of the House of Representatives
29 shall be elected by the appropriate caucus:
30 (1) Majority Leader.
20050H1539B3059 - 3 -
1 (2) Minority Leader.
2 (3) Majority Whip.
3 (4) Minority Whip.
4 (5) Majority Caucus Chairman.
5 (6) Minority Caucus Chairman.
6 (7) Appropriations Chairman.
7 (8) Minority Appropriations chairman.
8 (9) Majority Caucus Secretary.
9 (10) Minority Caucus Secretary.
10 (11) Majority Policy Chairman.
11 (12) Minority Policy Chairman.
12 (13) Majority Caucus Administrator.
13 (14) Minority Caucus Administrator.
14 Section 2. Section 901 of the act, amended December 2, 1976
15 (P.L.1274, No.283) and repealed in part April 28, 1978 (P.L.202,
16 No.53), is amended to read:
17 Section 901. Reports to the Secretary of Revenue.--On the
18 fifth day of each month, [and] or at such times and with such
19 frequency as may be prescribed by the Secretary of Revenue, it
20 shall be the duty of each judicial officer of a court not of
21 record, city officer and county officer to render to the
22 Department of Revenue, under oath or affirmation, returns of all
23 moneys or as much as may be prescribed by the Secretary of
24 Revenue, received during the applicable period for the use of
25 the Commonwealth, designating, under proper headings, the source
26 from which such moneys were received, and to pay the same into
27 the State Treasury, through the Department of Revenue, less any
28 compensation and reimbursement for expenses allowable by law for
29 having made the collections.
30 Section 3. Article XVII-A of the act is amended by adding a
20050H1539B3059 - 4 -
1 subarticle to read:
2 SUBARTICLE F
3 EMERGENCY ENERGY ASSISTANCE FUND
4 Section 1751-A. Establishment of Emergency Energy Assistance
5 Fund
6 There is established a special fund to be known as the
7 Emergency Energy Assistance Fund.
8 Section 1752-A. Appropriation to Emergency Energy Assistance
9 Fund.
10 An amount equal to 1.0 mills of the utilities' gross receipts
11 tax collected during each fiscal year under Article XI of the
12 act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code
13 of 1971, shall be appropriated annually from the General Fund to
14 the Emergency Energy Assistance Fund, to be administered by the
15 Department of Public Welfare for State-funded emergency energy
16 assistance if the Governor declares that either weather
17 conditions, natural or man-made disasters, or high energy prices
18 or a combination thereof are a threat to public health within
19 this Commonwealth and available Federal home energy assistance
20 funds are not sufficient to meet this need. The Governor shall
21 publish this emergency declaration in the Pennsylvania Bulletin
22 along with the criteria and emergency regulations for this
23 program.
24 Section 4. The act of July 7, 2005 (P.L.201, No.44),
25 entitled "An act amending Titles 42 (Judiciary and Judicial
26 Procedure), 46 (Legislature) and 71 (State Government) of the
27 Pennsylvania Consolidated Statutes, providing for compensation;
28 and making an inconsistent repeal," is repealed.
29 Section 5. The provisions of this act are nonseverable. If <--
30 any provision of this act or its application to any person or
20050H1539B3059 - 5 -
1 circumstance is held invalid, the remaining provisions or
2 applications of this act are void.
3 SECTION 5. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY <--
4 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR
5 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT
6 OTHER PROVISIONS OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN
7 EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION.
8 Section 6. This act shall take effect as follows:
9 (1) The amendment or addition of section 311 of the act
10 shall take effect on December 1, 2005.
11 (2) Section 4 shall take effect on December 1, 2005.
12 (3) The remainder of this act shall take effect
13 immediately.
C29L72JAM/20050H1539B3059 - 6 -