Bill Summary – FastDemocracy

PRIOR PRINTER'S NO. 3043                            PRINTER'S NO.    3437
                      THE GENERAL ASSEMBLY OF PENNSYLVANIA
                           HOUSE BILL
                           No. 2265
                                                  Session of
                                                    2024
     INTRODUCED BY DONAHUE, HILL-EVANS, PROBST, BOYD, DELLOSO,
        CERRATO, SANCHEZ, D. WILLIAMS, YOUNG, BURGOS, GALLAGHER,
        McNEILL AND MALAGARI, MAY 3, 2024
     AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
        JUNE 27, 2024
                                       AN ACT
 Amending Title 8 (Boroughs and Incorporated Towns) of the
    Pennsylvania Consolidated Statutes, in powers and duties of
    elected officials, further providing for organization of
    council, quorum, participation by telecommunication device,
    voting, compensation and eligibility; and, in mayor, further
    providing for salary of mayor.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.      Section 1001(e) AND (F) of Title 8 of the          <--
 Pennsylvania Consolidated Statutes is ARE amended and the             <--
 section is amended by adding a subsection to read:
 § 1001.    Organization of council, quorum, participation by
                 telecommunication device, voting, compensation and
                 eligibility.
    * * *
    (e)    Compensation.--Members of council may receive
 compensation to be fixed by ordinance as follows:
           (1)   In boroughs with a population of less than 5,000, a
    maximum of [$1,875] $3,145 per year.
        (2)    In boroughs with a population of 5,000 or more but
    less than 10,000, a maximum of [$2,500] $4,190 per year.
        (3)    In boroughs with a population of 10,000 or more but
    less than 15,000, a maximum of [$3,250] $5,450 per year.
        (4)    In boroughs with a population of 15,000 or more but
    less than 25,000, a maximum of [$4,125] $6,915 per year.
        (5)    In boroughs with a population of 25,000 or more but
    less than 35,000, a maximum of [$4,375] $7,335 per year.
        (6)    In boroughs with a population of 35,000 or more, a
    maximum of [$5,000] $8,385 per year.
 The salaries shall be payable monthly or quarterly for the
 duties imposed by this part. Benefits provided to members of
 council under section 1202(26) (relating to specific powers)
 shall not be considered pay, salary or compensation, but payment
 for all or a part of the premiums or charges for the benefits
 shall be in accordance with section 1202(26). Any change in
 salary, compensation or emoluments of the elected office shall
 become effective at the beginning of the next term of the member
 of council.
    (e.1)   Alternative compensation.--Notwithstanding subsection
 (e), the council may provide that members of the council shall
 receive compensation on a per-meeting basis based on attendance
 of members of council. Total annual compensation may not exceed
 the amounts specified in subsection (e). Compensation shall only
 be payable for duly advertised public meetings in which a member
 of council participated. If the council has provided that           <--
 members of council shall receive compensation on a per-meeting
 basis, the council may provide for the forfeiture of up to 1/12
 of the annual compensation of a member of council or impose
 another appropriate penalty for each unexcused absence from a
20240HB2265PN3437                   - 2 -
 regularly scheduled meeting.
    * * *, EXCEPT COMPENSATION IS NOT PAYABLE IF A MEMBER OF           <--
 COUNCIL IS ABSENT FROM A MEETING AND THE ABSENCE IS NOT EXCUSED.
 EXCUSED ABSENCE FROM A MEETING SHALL BE DETERMINED BY COUNCIL
 AND SHALL INCLUDE, BUT NOT BE LIMITED TO, AN EMERGENCY OR
 ILLNESS OF THE MEMBER OF COUNCIL OR THE MEMBER'S IMMEDIATE
 FAMILY, AS WELL AS FAMILY OR BUSINESS TRAVEL. COUNCIL MAY
 REQUIRE DOCUMENTATION TO SUPPORT AN EXCUSED ABSENCE.
    (F)     ELIGIBILITY FOR COMPENSATION.--THE POPULATION SHALL BE
 DETERMINED BY THE LATEST AVAILABLE OFFICIAL CENSUS FIGURES[.],
 EXCEPT THAT A BOROUGH SHALL NOT BE REQUIRED TO REDUCE THE SALARY
 OF A MAYOR OR MEMBER OF COUNCIL AS A RESULT OF A DECREASE IN
 POPULATION. IN NO CASE SHALL THE COMPENSATION FOR ANY MEMBER OF
 COUNCIL EXCEED THAT OF THE MAYOR IN ANY GIVEN BOROUGH, BUT, IF
 THE MAYOR'S COMPENSATION EXCEEDS THAT AUTHORIZED BY THIS SECTION
 FOR MEMBERS OF COUNCIL, THE PRESIDENT OF COUNCIL MAY RECEIVE
 COMPENSATION NOT TO EXCEED THAT OF THE OFFICE OF MAYOR.
    Section 2.    Section 10A04(a) of Title 8 is amended to read:
 § 10A04.    Salary of mayor.
    (a)     General rule.--The salary of the mayor shall be
 established by ordinance and shall not exceed the following:
          (1)   In a borough with a population of less than 5,000, a
    maximum of [$2,500] $4,190 per year.
          (2)   In a borough with a population of 5,000 or more but
    less than 10,000, a maximum of [$5,000] $8,385 per year.
          (3)   In a borough with a population of 10,000 or more but
    less than 15,000, a maximum of [$7,500] $12,575 per year.
          (4)   In a borough with a population in excess of 15,000,
    a maximum of [$500] $840 per year per 1,000 residents or
    fraction of 1,000, the population to be determined by the
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   latest official census figures.
   * * *
   Section 3.    This act shall take effect in 60 days.
20240HB2265PN3437                 - 4 -
Statutes/Laws affected: 
Printer's No. 3043: 8-1001(e)