(a) The Independent Regulatory Review Commission shall consist of five members to be known as commissioners. One commissioner shall be appointed by the Governor to serve at the Governor's pleasure, one by the President pro tempore of the Senate, one by the Speaker of the House of Representatives, one by the Minority Leader of the Senate and one by the Minority Leader of the House of Representatives. A member of the General Assembly or any other officer or employee of State Government may not serve as a commissioner; but a commissioner may serve on advisory boards and commissions, or on other boards and commissions which do not promulgate any rules and regulations which may come before the commission for review pursuant to this act.

(b) Each appointment provided for by subsection (a), except for the Governor's appointment, shall be for a term of three years.

(c) An appointment to fill a vacancy for the remainder of the unexpired term shall be made in the same manner as set forth in subsection (a). Upon the expiration of a commissioner's term of office, the commissioner shall continue to hold office until a successor is appointed.

(d) The commissioner who is elected to serve as the chairperson in accordance with subsection (g) shall receive $300 per day as compensation for services rendered to the commission. Each of the other commissioners shall receive $250 per day as compensation for services rendered to the commission. A commissioner shall also be entitled to reimbursement for travel and other necessary expenses incurred as a result of official duties. The expenses incurred by a commissioner, or by an employee of the commission, shall be paid on the presentation of itemized vouchers therefor, which vouchers shall be subject to the approval of the commission.

(e) Except as authorized pursuant to subsection (f) or (h) and except for the Governor's appointee who shall serve at the Governor's pleasure, a commissioner may not be removed during the commissioner's term of office. The Governor may, with the approval of two-thirds of the members of the Senate, upon clear and convincing evidence of misfeasance or malfeasance in office or neglect of duty, remove a commissioner prior to the expiration of the commissioner's term. The Governor shall provide the commissioner to be removed with a detailed written statement of the reasons for removal.

(f) A commissioner formally charged before a court of record with the commission of a felony or with a misdemeanor as provided by 18 Pa.C.S. Pt. II Art. E¹ (relating to offenses against public administration) shall immediately be suspended as a commissioner until the charge is dismissed or a verdict of acquittal is announced. If a commissioner pleads guilty or nolo contendere or is found guilty of such offense, or receives probation without verdict, disposition in lieu of trial or an accelerated rehabilitative disposition for felony or misdemeanor charges in this Commonwealth or in any other jurisdiction, that commissioner shall immediately be removed from the commission upon announcement of the verdict or disposition by the court or upon the court's acceptance of a plea of guilty or nolo contendere.

(f.1) A commissioner may not participate in deliberations regarding any regulation which significantly affects the operation or activities of any organization (except a nonprofit organization certified under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) in which the commissioner holds a nonsalaried position) in which the commissioner, or any member of the commissioner's family, owns shares of stock in excess of 5% of the total issue of the stock, has an ownership interest in excess of 5% of the total ownership or serves as an officer, director, trustee, partner or employee. Within 90 days of appointment, and annually thereafter, each commissioner shall disclose all business affiliations and financial interests. The disclosure statement shall be filed with the executive director of the commission and the Ethics Commission and shall be available for public inspection during business hours of the commission. Each commissioner's disclosure statement shall remain on file as long as the commissioner remains on the commission. If a commissioner has or may have a conflict of interest or feels another commissioner has or may have a conflict of interest in deliberating on a regulation, the commissioner shall, prior to the vote on the regulation, disclose the conflict or potential conflict. The commissioner may request a ruling from the chairperson of the commission upon the question of whether the conflict or potential conflict disqualifies the commissioner from voting on the regulation. A commissioner may challenge the ruling of the chairperson and, in that case, the question shall be resolved by majority vote of the commission. The chairperson or a majority of the commissioners may request the Ethics Commission to provide advice regarding conflicts of interest, and the advice, when given, shall be binding upon the commission. A commissioner commits a misdemeanor of the second degree by knowingly and intentionally violating the provisions of this subsection. The commission or its employees when acting in good faith on an opinion issued to a commissioner by the chairperson or the Ethics Commission shall not be subject to criminal or civil penalties levied under the act of October 4, 1978 (P.L. 883, No. 170),² referred to as the Public Official and Employee Ethics Law, for so acting, provided the material facts are as stated in the request for an opinion. In addition to the requirements of this act, a commissioner is subject to the Public Official and Employee Ethics Law.

(g) The commission shall elect a chairperson, who shall serve for a term of two years and until a successor is elected. The chairperson shall preside at meetings of the commission and shall execute documents relating to the formal actions of the commission.

(h) The commission shall meet before the period for its review of regulations under this act expires and at other times as necessary to transact the business of the commission and insure an expeditious and orderly review of regulations under this act. Meetings shall be held at times and places set by the chairperson. A meeting may be scheduled by the commission upon the provision of at least ten days' notice to all affected agencies and the committees. A commissioner who does not attend three consecutive meetings without cause may be removed as a commissioner by the authority appointing the commissioner.

(i) For purposes of conducting official business, a quorum consists of three commissioners. A commissioner must be physically present to be counted toward the quorum. If the commission is unable to conduct business for lack of a quorum, the deadline for the commission to take action on a regulation in accordance with this act shall be postponed for 30 days or until the next meeting at which a quorum is in attendance, whichever first occurs.