Bill Text: DE SB8 | 2013-2014 | 147th General Assembly | Draft

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Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Delaware Compensation Commission And Changing It To An Advisory Commission Known As The Delaware Salary Survey Commission.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Introduced - Dead) 2013-01-23 - Assigned to Executive Committee in Senate [SB8 Detail]

Download: Delaware-2013-SB8-Draft.html

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SPONSOR:	Sen. Lavelle & Rep. D. Short
	Sens. Lopez, Peterson; Reps. Keeley, Ramone

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 8

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE COMPENSATION COMMISSION AND CHANGING IT TO AN ADVISORY COMMISSION KNOWN AS THE DELAWARE SALARY SURVEY COMMISSION.

WHEREAS, in the mid 1980s, the Delaware Compensation Commission was designed to calculate proper pay raises for elected officials, certain appointed officials, and members of the judiciary; and

WHEREAS, an unfortunate attribute of the legislative mandate required that the legislature affirmatively reject the raises designated by the Commission, else the raises automatically went into effect; and

WHEREAS, such a process for determining the salaries of select State employees is not in keeping with democratic principles as such principles demand that the expenditures of public funds be affirmatively voted upon; and

WHEREAS, eliminating the Commission and replacing it with a Salary Survey Commission which provides advisory opinions that do not have the force of law will add to public confidence and will result in the fairest process for salary reviews; and

WHEREAS, other State employees receive pay raises through the fair and deliberate annual budget process in which pay raises are recommended by the Joint Finance Committee; and

WHEREAS, the members of the 147^th General Assembly find that the fairest method of compensation for those State employees covered by the Compensation Commission, and the one which will be most consistent with public confidence in appropriate compensation, is to set all increases in compensation through the annual budget process as it is currently the process for adjusting compensation for general State employees; and

WHEREAS, the members of the 147^th General Assembly find that replacing the "Delaware Compensation Commission" with the "Delaware Salary Survey Commission" and designating the Salary Survey Commission as an advisory commission better reflects the spirit of representative democracy.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend the Chapter Heading of Chapter 33, Title 29, Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

CHAPTER 33. DELAWARE COMPENSATION SALARY SURVEY COMMISSION

Section 2.Amend §3301, Title 29, Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§3301. Established; composition; qualifications; terms of office.

There is established a an advisory commission known as the "Delaware Compensation Salary Survey Commission," hereinafter referred to as the "Commission," consisting of 6 members, 2 of whom shall be appointed by the Governor, 1 by the President Pro Tempore of the Senate and 1 by the Speaker of the House of Representatives. The fifth member shall be the President of the Delaware Round Table. The Director of the Office of Management and Budget of the State shall serve as an ex officio and nonvoting member of the Commission. The appointees shall be persons not holding any public office nor employed substantially full-time with compensation by this State while serving on this Commission. Those appointed shall serve for a 6 year term. Any member is eligible for reappointment.

Section 3.Amend §3304, Title 29, Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:

§3304. Effect of Commission report.

The remuneration for all offices specified in §3303 of this title established by the report shall take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session.

The study and recommendations report prepared and submitted pursuant to this chapter for offices specified in§3303(a) of this chapter is an advisory report which does not bind the Governor, the General Assembly, or the Joint Finance Committee.

Section 4.It is the intent of the Legislature to replace the Delaware Compensation Commission with the Delaware Salary Survey Commission, an advisory commission, and to retain the Compensation Commission members as members of the Delaware Salary Survey Commission.Organizational, administrative, study, and report procedures remain the same to the extent possible, with the exception of the amendments made to Chapter 33 of Title 29 of the Delaware Code by Sections 1, 2, and 3 of this Act.

SYNOPSIS

This bill changes the name of the Delaware Compensation Commission to the Delaware Salary Survey Commission.The salary recommendation report issued every four years is an advisory report which does not bind the Governor, the General Assembly, or the Joint Finance Committee.Offices presently covered by the Compensation Commission are expected to generally receive the same pay raises received by general State employees.The Delaware Salary Survey Commission's reports will be available in case market conditions require adjustments in compensation for those positions covered in the report (such market condition adjustments only being made through the budget or legislative process).

AUTHOR:Sen. Lavelle