Bill H.58

HOUSE DOCKET, NO. 3711 FILED ON: 1/23/2017

HOUSE . . . . . . . . . . . . . . . No. 58

By Representative DeLeo of Winthrop and Senator Rosenberg, a joint petition (subject to Joint Rule 12) of Robert A. DeLeo and Stanley C. Rosenberg relative to the compensation of public officials. Temporary Ways and Means.

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act further regulating the compensation of certain public officials.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make certain changes in law for compensation of public officials, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 3 of chapter 192 of the acts of 1994, as most recently amended by section 7 of chapter 5 of the acts of 2009, is hereby further amended by striking out the words “$46,410. The president of the senate and the speaker of the house of representatives shall each receive for each regular session $35,000 additional compensation. The chairman of the senate committee on ways and means and the chairman of the house committee on ways and means shall each receive for each regular session $25,000 additional compensation. The floor leaders of each of the major political parties in the senate and house of representatives shall each receive for each regular session $22,500 additional compensation. The president pro tempore of the senate, the speaker pro tempore of the house of representatives, the assistant floor leaders of each of the major political parties in the senate, the assistant floor leaders of each of the major political parties in the house of representatives, the second assistant floor leaders of each of the major political parties in the senate and house of representatives, the third assistant floor leaders of the minority party in the senate and house of representatives and of the majority party in the senate, the chairmen of each of the four divisions of the house of representatives, the chairman of the house committee on rules, the senate and house chairmen of the committee on bonding, capital expenditures and state assets, the vice chairman of the senate committee on ways and means, the vice chairman of the house committee on ways and means, the ranking minority members of the house and senate committees on ways and means, the chairman of the senate committee on post audit and oversight, the chairman of the house committee on post audit and oversight, the senate and house chairmen of the committee on state administration and regulatory oversight, the senate and house chairmen of the committee on health care financing, the senate and house chairmen of the committee on financial services, and the senate and the house chairmen of the joint committee on revenue, and the senate and house chairmen of the committee on economic development and emerging technologies, shall each receive for each regular annual session $15,000 additional compensation, and shall not receive any other additional compensation under this section. Chairmen of all other committees of the senate and the house of representatives established by the joint rules, or by the senate or house rules, the vice chairman of the house committee on rules, the ranking minority member of the house committee on rules, the vice chairman of the house committee on post audit and oversight, the assistant vice chairman of the senate committee on ways and means, the assistant vice chairman of the house committee on ways and means, the house vice chairman of the committee on financial services, the house vice chairman of the committee on health care financing, the house vice chairman of the committee on bonding, capital expenditures and state assets, the house ranking minority member of the committee on bonding, capital expenditures and state assets, the house vice chairman of the committee on state administration and regulatory oversight, the house vice chairman and the house ranking minority member of the committee on economic development and emerging technologies, the house vice chairman of the committee on revenue, and the senate and house ranking minority members of the committee on health care financing shall each receive for each regular annual session $7,500 additional compensation for each such position. Each member of the general court shall be entitled to be paid for his compensation for each such session on a bi-weekly basis.” and inserting in place thereof the following words:- $46,410 as base compensation, as calculated biennially, as of the first Wednesday in January, 2001, pursuant to Article CXVIII of the Amendments to the Constitution.

SECTION 2. Chapter 3 of the General Laws is hereby amended by striking out sections 9B to 10, inclusive, and inserting in place thereof the following 3 sections:-

Section 9B. (a) The president of the senate and the speaker of the house of representatives shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $80,000.

(b) The chair of the senate committee on ways and means and the chair of the house committee on ways and means shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $65,000. The floor leaders of each of the major political parties in the senate and house of representatives shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $60,000. The president pro tempore of the senate and the speaker pro tempore of the house of representatives shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $50,000.

(c) The assistant floor leaders of each of the major political parties in the senate, the assistant floor leaders of each of the major political parties in the house of representatives, the second assistant floor leaders of each of the major political parties in the senate and house of representatives, the third assistant floor leaders of each of the major political parties in the senate and house of representatives shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $35,000.

(d) The chairs of each of the four divisions of the house of representatives, the chair of the senate committee on rules, the chair of the house committee on rules, the senate and house chairs of the committee on bonding, capital expenditures and state assets, the vice chair of the senate committee on ways and means, the vice chair of the house committee on ways and means, the ranking minority members of the house and senate committees on ways and means, the chair of the senate committee on post audit and oversight, the chair of the house committee on post audit and oversight, the chair of the senate committee on bills in the third reading, the chair of the house committee on bills in the third reading, the chair of the senate committee on steering and policy, the chair of the house committee on steering, policy and scheduling, the senate and house chairs of the committee on state administration and regulatory oversight, the senate and house chairs of the committee on health care financing, the senate and house chairs of the committee on financial services, the senate and house chairs of the committee on revenue, the senate and house chairs of the committee on economic development and emerging technologies, the senate and house chairs of the committee on the judiciary, the senate and house chairs of the committee on education, the senate and house chairs of the committee on telecommunications, utilities and energy and the senate and house chairs of the committee on transportation shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $30,000.

(e) The chairs of all other committees of the senate and house of representatives established by the joint rules of the senate and house of representatives or by the rules of the senate or the rules of the house of representatives, from time to time, the vice chair of the house committee on rules, the ranking minority member of the house committee on rules, the vice chair of the house committee on post audit and oversight, the assistant vice chair of the senate committee on ways and means, the assistant vice chair of the house committee on ways and means, the assistant ranking minority member of the house committee on ways and means, the house vice chair of the committee on financial services, the ranking minority member of the house committee on financial services, the house vice chair of the committee on health care financing, the house vice chair of the committee on bonding, capital expenditures and state assets, the house ranking minority member of the committee on bonding, capital expenditures and state assets, the house vice chair of the committee on state administration and regulatory oversight, the house vice chair of the committee on economic development and emerging technologies, the ranking minority member of the house committee on economic development and emerging technologies, the vice chair of the house committee on revenue, the senate and house ranking minority members of the committee on health care financing, the house vice chair of the committee on the judiciary, the ranking minority member of the house committee on the judiciary, the house vice chair of the committee on transportation, the vice chair of the house committee on bills in the third reading, the vice chair of the house committee on steering, policy and scheduling, the house vice chair of the committee on education and the house vice chair of the committee on telecommunications, utilities and energy shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $15,000.

(f) The vice chairs of all other committees of the senate and house of representatives established by the joint rules of the senate and house of representatives or by the rules of the senate or the rules of the house of representatives, from time to time, shall each receive for each regular annual session, in addition to the base compensation calculated pursuant to Article CXVIII, additional regular compensation in the amount of $5,200. No member of the general court shall be compensated for service as chair of more than 1 committee, and no member of the general court shall be compensated for service in more than 2 positions, whether as a member of leadership or as chair, vice chair or ranking member of a committee. Each member of the general court shall be entitled to be paid that member’s compensation for each session on a bi-weekly basis. Compensation shall include any amounts a member is entitled to under this section, section 9C or as otherwise established by law.

(g) The amount of additional regular compensation established pursuant to subsections (a) through (f) of this section for each regular annual session, exclusive of the base compensation calculated pursuant to Article CXVIII, shall be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent eight quarters as determined by the Bureau of Economic Analysis; provided, however, that the amount of additional regular compensation for any regular annual session, exclusive of the base compensation calculated pursuant to Article CXVIII, shall not be less than that provided in subsections (a) through (f) of this section.

Section 9C. Each member of the general court shall annually receive an amount for expenses to be paid as follows: (i) for members whose primary residence is located at a distance that is equal to or less than 50 miles from the state house, $15,000; and (ii) for members whose primary residence is located at a distance that is greater than 50 miles from the state house, $20,000.

Section 10. Each member of the general court chosen to fill a vacancy, or who resigns his seat during a regular annual session, shall be entitled to any additional compensation that a member may receive pursuant to section 9B and an allowance for expenses pursuant to section 9C, pro-rated for the time of his or her membership.

SECTION 3. Chapter 3 of the General Laws is hereby amended by inserting after section 9C, as inserted by section 2 of this act, the following section:-

Section 9D. The president of the senate and speaker of the house of representatives shall not receive earned income from any other source, but may receive unearned or passive income. The senate and the house of representatives shall biennially adopt rules for the administration and enforcement of this provision. The house committee on ethics and the senate committee on ethics, respectively, shall have the exclusive jurisdiction for the administration and enforcement of this section.

SECTION 4. Chapter 6 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out sections 1 and 2 and inserting in place thereof the following 2 sections:-

Section 1. (a) The governor shall receive a salary of $185,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent 8 quarters as determined by the Bureau of Economic Analysis.

(b) The governor shall receive $65,000 annually for expenses related to housing.

Section 2. (a) The lieutenant governor shall receive a salary of $165,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent 8 quarters as determined by the Bureau of Economic Analysis.

(b) The lieutenant governor shall not receive earned income from any other source, but may receive unearned or passive income.

SECTION 5. Chapter 9 of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-.

Section 1. (a) There shall be a department of the state secretary under his supervision and control, organized as provided in this chapter. The state secretary shall make a quarterly return on oath to the governor of all fees of office received by him, and give to the state treasurer a bond, in a penal sum and with sureties approved by the governor, conditioned satisfactorily to account for all money received by him in his official capacity. The state secretary shall receive a salary of $165,000, and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent 8 quarters as determined by the Bureau of Economic Analysis.

(b) The state secretary shall not receive earned income from any other source, but may receive unearned or passive income.

SECTION 6. Chapter 10 of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. (a) There shall be a department of the state treasurer, under his supervision and control, organized as provided in this chapter. The state treasurer shall receive a salary of $175,000, and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent 8 quarters as determined by the Bureau of Economic Analysis.

(b) The state treasurer shall not receive earned income from any other source, but may receive unearned or passive income.

SECTION 7. Chapter 11 of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. (a) There shall be a department to be known as the department of the state auditor under his supervision and control, organized as provided in this chapter. The state auditor shall receive a salary of $165,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent 8 quarters as determined by the Bureau of Economic Analysis. The state auditor shall give to the state treasurer a bond for the faithful performance of his official duties in a penal sum and with sureties approved by the governor and council.

(b) The state auditor shall not receive earned income from any other source, but may receive unearned or passive income.

SECTION 8. Chapter 12 of the General Laws, as so appearing, is hereby amended by striking out section 1 and inserting in place thereof the following section:-

Section 1. (a) There shall be a department of the attorney general, under his supervision and control, organized as provided in this chapter. The attorney general shall receive a salary of $175,000 and an additional amount to be adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent 8 quarters as determined by the Bureau of Economic Analysis. The attorney general shall be a member of the bar of the commonwealth.

(b) The attorney general shall not receive earned income from any other source, but may receive unearned or passive income.

SECTION 9. Section 22 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure, “$181,239” and inserting in place thereof the following figure:- $187,489.

SECTION 10. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$187,489”, inserted by section 9, and inserting in place thereof the following figure:-$193,739.

SECTION 11. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$193,739”, inserted by section 10, and inserting in place thereof the following figure:- $199,989.

SECTION 12. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$199,989”, inserted by section 11, and inserting in place thereof the following figure:- $206,239.

SECTION 13. Said section 22 of said chapter 211 is hereby further amended by striking out, in line 2, the figure “$175,984” and inserting in place thereof the following figure:- $182,234 .

SECTION 14. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$182,234”, inserted by section 13, and inserting in place thereof the following figure:- $188,484.

SECTION 15. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$188,484”, inserted by section 14, and inserting in place thereof the following figure:- $194,734.

SECTION 16. Said section 22 of said chapter 211 is hereby further amended by striking out the figure “$194,734”, inserted by section 15, and inserting in place thereof the following figure:- $200,984.

SECTION 17. Section 2 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$170,358”, and inserting in place thereof the following figure:- $176,608. .

SECTION 18. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$176,608”, inserted by section 17, and inserting in place thereof the following figure:- $182,858.

SECTION 19. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$182,858”, inserted by section 18, and inserting in place thereof the following figure:- $189,108.

SECTION 20. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$189,108”, inserted by section 19, and inserting in place thereof the following figure:- $195,358.

SECTION 21. Said section 2 of said chapter 211A is hereby further amended by striking out, in line 2, the figure “$165,087” and inserting in place thereof the following figure:- $171,337.

SECTION 22. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$171,337”, inserted by section 21, and inserting in place thereof the following figure:- $177,587.

SECTION 23. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$177,587”, inserted by section 22, and inserting in place thereof the following figure:- $183,837.

SECTION 24. Said section 2 of said chapter 211A is hereby further amended by striking out the figure “$183,837”, inserted by section 23, and inserting in place thereof the following figure:- $190,087.

SECTION 25 . Section 4 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 3 ,the figure “$159,694”, and inserting in place thereof the following figure:- $165,944 .

SECTION 26. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$165,944”, inserted by section 25, and inserting in place thereof the following figure:- $172,194.

SECTION 27. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$172,194”, inserted by section 26, and inserting in place thereof the following figure:- $178,444.

SECTION 28. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$178,444”, inserted by section 27, and inserting in place thereof the following figure:- $184,694.

SECTION 29. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 5, the figure “$165,124”, and inserting in place thereof the following figure:- $171,374 .

SECTION 30. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$171,374”, inserted by section 29, and inserting in place thereof the following figure:- $177,624.

SECTION 31. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$177,624”, inserted by section 30, and inserting in place thereof the following figure:- $183,874.

SECTION 32. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$183,874”, inserted by section 31, and inserting in place thereof the following figure:- $190,124.

SECTION 33. Said section 4 of said chapter 211B is hereby further amended by striking out, in line 7, the figure “$170,358”, and inserting in place thereof the following figure:-$176,878 .”

SECTION 34. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$176,878”, inserted by section 33, and inserting in place thereof the following figure:- $183,128.

SECTION 35. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$183,128”, inserted by section 34, and inserting in place thereof the following figure:- $189,378.

SECTION 36. Said section 4 of said chapter 211B is hereby further amended by striking out the figure “$189,378”, inserted by section 35, and inserting in place thereof the following figure:- $195,628.

SECTION 37. (a) Notwithstanding any general or special law to the contrary, the amount of compensation established pursuant to subsections (a) through (f) of section 9B of chapter 3 of the General Laws for each regular annual session of the General Court shall be adjusted on January 2, 2019, and biennially thereafter on the first Wednesday in January, to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent eight quarters as determined by the Bureau of Economic Analysis; provided, however, that the amount of additional regular compensation for any regular annual session of the General Court shall not be less than provided in subsections (a) through (e) of said section 9B of said chapter 3.

(b) Notwithstanding any general or special law to the contrary, the amount received by members of the General Court for each regular annual session of the General Court for expenses pursuant to section 9C of chapter 3 of the General Laws shall be adjusted on January 2, 2019, and biennially thereafter on the first Wednesday in January, to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent eight quarters as determined by the Bureau of Economic Analysis; provided, however, that the amount for each regular annual session of the General Court for expenses shall not be less than provided in subsections (a) through (e) of said section 9Cof said chapter 3.

(c) Notwithstanding any general or special law to the contrary, the amount of compensation established pursuant to section 1 of chapter 6 of the General Laws, section 2 of said chapter 6 of the General Laws, section 1 of chapter 9 of the General Laws, section 1 of chapter 10 of the General Laws, section 1 of chapter 11 of the General Laws, and section 1 of chapter 12 of the General Laws shall be adjusted on January 1, 2019, and biennially thereafter on January 1, to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent eight quarters as determined by the Bureau of Economic Analysis; provided, however, that the amount of compensation pursuant to said section 1 of said chapter 6, said section 2 of said chapter 6, said section 1 of said chapter 9, said section 1 of said chapter 10, said section 1 of said chapter 11 and said section 1 of said chapter 12 shall not be less than provided in said section 1 of said chapter 6, said section 2 of said chapter 6, said section 1 of said chapter 9, said section 1 of said chapter 10, said section 1 of said chapter 11 and said section 1 of said chapter 12.

(d) Notwithstanding any general or special law to the contrary, the amount annually received by governor for expenses related to housing pursuant to section 1A of chapter 6 of the General Laws shall be adjusted on January 1, 2019, and biennially thereafter on January 1, adjusted biennially to reflect the aggregate quarterly change in salaries and wages in Massachusetts for the most recent eight quarters as determined by the Bureau of Economic Analysis; provided, however, that the annual amount shall not be less than provided in said section 1A of said chapter 6.

SECTION 38. Sections 1 and 2 and subsections (a) and (b) of section 33 of this act shall take effect on January 4, 2017.

SECTION 39. Section 3 of this act shall take effect on August 1, 2017.

SECTION 40. Subsection (c) of section 1 and subsection (b) of section 2 of chapter 6 of the General Laws, as inserted by section 4 of this act, shall take effect on August 1, 2017.

SECTION 41. Subsection (b) of section 1 of chapter 9 of the general laws, as inserted by section 5 of this act, shall take effect on August 1, 2017.

SECTION 42. Subsection (b) of section 1 of chapter 10 of the general laws, as inserted by section 6 of this act, shall take effect on August 1, 2017.

SECTION 43. Subsection (b) of section 1 of chapter 11 of the general laws, as inserted by section 7 of this act, shall take effect on August 1, 2017.

SECTION 44. Subsection (b) of section 1 of chapter 12 of the general laws, as inserted by section 8 of this act, shall take effect on August 1, 2017.

SECTION 45. Sections 4 through 8 and subsections (c) and (d) of section 37 of this act shall take effect on January 1, 2017.

SECTION 46. Sections 9, 13. 17, 21, 25, 29 and 33 shall take effect on January 1, 2017.

SECTION 47. Sections 10, 14, 18, 22, 26, 30 and 34 shall take effect on July 1, 2017.

SECTION 48. Sections 11, 15, 19, 23, 27, 31 and 35 shall take effect on January 1, 2018.

SECTION 49. Sections 12, 16, 20, 24, 28, 32 and 36 shall take effect on July 1, 2018.

SECTION 50. Except as otherwise specified, this act shall take effect on February 1, 2017.

Name:	District/Address:	Date Added:
Robert A. DeLeo	19th Suffolk	1/23/2017
Stanley C. Rosenberg	Hampshire, Franklin and Worcester