shall hereafter be created by or on behalf of any county, city, borough, incorporated town, township, school district or other political subdivision, the repayment of which will be made either directly or indirectly from general revenues of the political subdivision, whether by direct payment or through leases or other contractual obligations.

(b) The General Assembly may impose additional restrictions and limitations, uniform on each type or class of political subdivision, on the amount of debt that may be created either with or without the consent of the electors, and may prescribe the manner in which any debt may be created. The General Assembly may provide for the apportionment among political subdivisions of borrowing power within general limitations.

(c) Obligations payable solely from the net operating revenues from designated projects are not debt within the meaning of this section.

That article nine, section fifteen of the Constitution of the Commonwealth of Pennsylvania, which reads:

"Section 15. No obligations which have been heretofore issued, or which may hereafter be issued, by any county or municipality, other than Philadelphia, to provide for the construction or acquisition of waterworks, subways, underground railways or street railways, or the appurtenances thereof, shall be considered as a debt of a municipality, within the meaning of section eight of article nine of the Constitution of Pennsylvania or of this amendment, if the net revenue derived from said property for a period of five years, either before or after the acquisition thereof, or, where the same is constructed by the county or municipality, after the completion thereof, shall have been sufficient to pay interest and sinking fund charges during said period upon said obligations, or if the said obligations shall be secured by liens upon the respective properties, and shall impose no municipal liability. Where municipalities or counties shall issue obligations to provide for the construction of property, as herein provided, said municipalities or counties may also issue obligations to provide for the interest and sinking fund charges accruing thereon until said properties shall have been completed and in operation for a period of one year; and said municipalities and counties shall not be required to levy a tax to pay said interest and sinking fund charges, as required by section ten of article nine of the Constitution of Pennsylvania, until after said properties shall have been operated by said counties or municipalities during said period of one year. Any of the said municipalities or counties may incur indebtedness in excess of seven per centum, and not exceeding ten per centum, of the assessed valuation of the taxable property therein, if said increase of indebtedness shall have been assented to by three-fifths of the electors voting at a public election, in such manner as shall be provided by law.”

be repealed.

For Historical Note and Comments, see pages 42 and 47.

C 1.17-State Sinking Fund

A JOINT RESOLUTION

Proposing an amendment to article nine, section eleven of the Constitution of the Commonwealth of Pennsylvania, regulating the Commonwealth sinking fund; and giving it priority in the application of Commonwealth funds.

The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:

Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof:

That article nine, section eleven of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 11. (a) To provide for the payment of the present Commonwealth debt and any additional debt contracted, the General Assembly shall continue to maintain a sinking fund sufficient to pay the principal and interest of the debt. If at any time the General Assembly fails to make appropriation for this purpose, the State Treasurer, the provisions of article three, section sixteen notwithstanding, shall set apart from the first revenues thereafter received, applicable to the appropriate fund, a sum sufficient to pay the interest, installments of principal or contributions to the sinking fund, and shall so apply the moneys so set apart. The State Treasurer may be required to set aside and apply such revenues at the suit of any holder of Commonwealth bonds.

(b) No part of the sinking fund shall be used or applied otherwise than in the extinguishment of the public debt until all bonded debt of the Commonwealth has been completely repaid. Any money remaining in the sinking fund at such time shall be transferred to the appropriate fund and may be appropriated by the General Assembly.

For Historical Note and Comments, see pages 45-46.

C 1.18-County Government and Officers

A JOINT RESOLUTION

Proposing an amendment to article fourteen of the Constitution of the Commonwealth of Pennsylvania, providing for optional plans of county government and for elective county officers.

The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:

Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof:

That article fourteen, sections one, two, three, four, five, six and seven of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 1. The General Assembly shall provide by general law for the government of counties. The General Assembly may, by law applicable to all classes of counties or to a particular class, provide optional plans of county organization and government under which an authorized optional

plan may be adopted or abandoned by a majority of the qualified electors of a county voting thereon. One option shall be the form of county government at the time prescribed by law for the particular class of county. Under any plan, the governing body shall be an elective body.

Section 2. Elective county officers shall be chosen at municipal elections and shall take office on the first Monday of January next after their election. They shall hold office until their successors have qualified. Elective county officers shall be citizens of the Commonwealth and qualified electors of the county.

For Historical Note and Comments, see pages 48-50.

Proposing an amendment to article fifteen of the Constitution of the Commonwealth of Pennsylvania, relating to cities and boroughs; providing for their incorporation, optional plans of organization and government and home rule charter making.

The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:

Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof:

That article fifteen of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 1. The General Assembly shall provide by general law for the incorporation and government of cities and boroughs and the methods by which municipal boundaries may be altered and municipalities may be consolidated or dissolved.

Section 2. The General Assembly may, by general law, provide optional plans of municipal organizations and government, under which an authorized optional plan may be adopted or abandoned by majority vote of the qualified electors of the city or borough voting thereon.

Section 3. (a) The qualified electors of any city or borough may adopt, amend or repeal a home rule charter of government. The adoption, amendment or repeal of a charter shall be proposed either by resolution of the legislative body of the city or borough or by a charter commission of not less than seven members elected by the qualified electors of the city or borough from their membership pursuant to petition for such election, bearing the signatures of at least ten per cent of the qualified electors of the city or borough and filed with the chief recording officer of the legislative body of the city or borough. The legislative body of the city or borough shall by resolution direct the election board to provide for holding the election in accordance with the provision of the election laws. On the death, resignation or inability to serve of any member of a charter commission, the remaining members shall elect a successor. A charter commission may propose (1) the adoption of a charter, (2) amendment of a charter or particular part or parts of a charter, or (3) repeal of a charter, or (4) any of these acts, as specified in the petition.

(b) The General Assembly shall provide by statute for procedure not inconsistent with the provisions of this section, and may provide by statute for a number of charter commission members in excess of seven on the basis of population. In the absence of such legislation, the legislative

body of a city or borough in which the adoption, amendment or repeal of a charter is proposed shall provide by ordinance or resolution for the procedure; and the number of charter commission members shall be seven. The legislative body may, if it defaults in the exercise of this authority, be compelled by judicial mandate, at the instance of at least ten signers of a sufficient petition filed under this section, to exercise the authority.

(c) All expenses of elections conducted under this section and all proper expenses of a charter commission shall be paid by the city or borough.

(d) Every charter, charter amendment and charter repeal proposed shall be submitted to the vote of the electors of the city or borough in the manner provided by the election laws, and shall not become effective unless a majority of the electors voting on it votes in favor of it.

(e) Any part of a proposed home rule charter may be submitted for separate vote. Alternate sections or articles of a proposed home rule charter or proposed charter amendments may be submitted. The section or article receiving the larger vote, in each instance, shall prevail if the charter or amendment is adopted.

(f) A city or borough which adopts a home rule charter may exercise any power or perform any function which the General Assembly has power to devolve upon a non-home rule charter city or borough, so long as the power or function is not denied by statute nor by its home rule charter and it is within limitations as may be established by the statute. This devolution of power does not include the power to enact private or civil laws governing civil relationships except as an incident to an exercise of an independent municipal power, nor does it include power to define and provide for the punishment of a felony.

(g) Charter provisions with respect to municipal executive, legislative and administrative structure and organization, and to the selection, compensation, terms and conditions of service, removal and retirement of municipal personnel are of superior authority to statute, subject to the requirement that the members of a municipal legislative body be chosen by popular election, and except as to judicial review of administrative proceedings, which shall be subject to the superior authority of statute.

(h) A municipal legislative body or charter commission which proposes the termination of home rule charter status by repeal of a home rule charter shall incorporate in the proposition to be submitted to the qualified electors a specification of the form of government under which the city or borough would thereafter operate in the event of repeal, whether it be a form prescribed by general law for municipalities of its population class or one of such optional forms as may have been authorized by general law for cities or boroughs of its population class. A municipal legislative body or charter commission proposing charter repeal shall also, by resolution of that body, determine when the transition to the new form of government shall take place in the event of repeal and make such other provisions as may be appropriate to effect an orderly transition from home rule charter to non-home rule charter status.

(i) At least thirty days before an election thereon, notice shall be given by publication in a newspaper of general circulation within the city or borough that copies of a proposed charter, charter amendment

or repeal proposition and resolution are on file in the office of the chief recording officer of the legislative body of the city or borough, and that a copy will be furnished by him to any qualified elector or taxpayer of the city or borough upon request.

(j) The qualified electors of a city or borough shall not elect a charter commission more often than once in four years.

For Historical Note and Comments, see pages 50-55.

C 1.20 - Amendment of Constitution

A JOINT RESOLUTION

Proposing an amendment to article eighteen, section one of the Constitution of the Commonwealth of Pennsylvania, changing the method of amending the Constitution.

The General Assembly of the Commonwealth of Pennsylvania hereby resolves as follows:

Section 1. The following amendment to the Constitution of the Commonwealth of Pennsylvania is proposed in accordance with the provisions of the eighteenth article thereof:

That article eighteen, section one of the Constitution of the Commonwealth of Pennsylvania be amended to read:

Section 1. Amendments to this Constitution may be proposed in the Senate or House of Representatives at any regular session of the General Assembly. If agreed to by a majority of the members elected to each House, they shall be entered on their journals with the yeas and nays taken thereon; and the official charged with the duty of administering statewide elections shall publish each amendment three months before the next general or municipal election in at least two newspapers in every county in which such newspapers are published. If at the next regular session of the General Assembly the proposed amendment is agreed to by a majority of the members elected to each House, the official charged with the duty of administering statewide elections shall again and in like manner publish the proposed amendment; and it shall be submitted to the qualified electors of the Commonwealth in such manner and at such time, at least three months after being agreed to for the second time by both Houses, as the General Assembly prescribes. If an amendment is approved by a majority of those voting thereon, it shall become part of this Constitution. After an amendment has been once submitted and not approved, it or one substantially related, shall not again be submitted until a period of five years has elapsed. When two or more amendments are submitted, they shall be voted on separately.

For Historical Note and Comments, see pages 56-57.