Bill Text: PA HB355 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for banning bonuses provided to employees of Commonwealth agencies.

Spectrum: Slight Partisan Bill (Republican 20-8)

Status: (Introduced - Dead) 2009-02-10 - Referred to STATE GOVERNMENT [HB355 Detail]

Download: Pennsylvania-2009-HB355-Introduced.html

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PRINTER'S NO. 386
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 355 Session of2009
INTRODUCED BY ROAE, BARRAR, BEAR, BEYER, CALTAGIRONE, CARROLL, CLYMER, CREIGHTON, CUTLER, GOODMAN, GRELL, GROVE, HUTCHINSON, KAUFFMAN, KORTZ, LONGIETTI, MELIO, MOUL, MUSTIO, OBERLANDER, PERRY, PETRARCA, SIPTROTH, STERN, SWANGER, VULAKOVICH AND WATSON, FEBRUARY 10, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2009
AN ACT
Providing for banning bonuses provided to employees of
Commonwealth agencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Commonwealth
Agency Bonus Ban Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bonus." Any monetary compensation given to an employee
above and beyond the employee's annual salary or other rate of
pay. The term does not include the following:
(1) Reimbursement or payments for expenses related to
official business, including meals, housing, uniforms, car
allowance and other expenses.
(2) Severance payments under a personnel compensation
plan, contract or collective bargaining agreement.
(3) Payments for unused vacation or sick leave.
(4) An annual cost-of-living adjustment equivalency
payment made to an individual, at the maximum of a salary
range, adopted under a personnel compensation plan or a
collective bargaining agreement.
(5) An arbitration award.
(6) Payments made pursuant to litigation.
(7) Overtime payments required for work performed in
excess of the maximum workweek.
(8) Annual performance-based incentive payments based on
objective criteria made under a personnel compensation plan
included in an individual employment contract or collective
bargaining agreement.
(9) Shift differential payments, standby or call-time
payments or extra duty payments made under a collective
bargaining agreement.
A personnel compensation plan, contract or collective bargaining
agreement under this definition shall be in writing and shall be
open for public inspection.
"Commonwealth agency." Any of the following:
(1) The Governor, Lieutenant Governor, Attorney General,
Auditor General, State Treasurer and the departments,
offices, boards, authorities, commissions and other agencies
of the executive branch of the government of this
Commonwealth, whether or not subject to the supervision and
control of the Governor.
(2) The legislative branch of the government of this
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Commonwealth.
(3) Any court and any office of the unified judicial
system of this Commonwealth.
Section 3. Bonus ban.
No Commonwealth agency may pay a bonus to any of its
employees.
Section 4. Penalties.
(a) Reimbursement.--An employee of a Commonwealth agency who
is paid a bonus after the effective date of this section shall
reimburse his or her employer for the full amount of the bonus.
(b) Penalty.--A person who intentionally approves or
authorizes a bonus prohibited by this act commits a misdemeanor
of the third degree.
Section 5. Applicability.
The provisions of this act shall not abrogate any provision
of an existing collective bargaining agreement or employment
contract.
Section 6. Effective date.
This act shall take effect in 30 days.
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