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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 3759

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2717 Session of 1998


        INTRODUCED BY PRESTON, JUNE 10, 1998

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 1998

                               A JOINT RESOLUTION

     1  Proposing amendments to the Constitution of the Commonwealth of
     2     Pennsylvania, providing for the abolition of county
     3     government.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The following amendments to the Constitution of
     7  Pennsylvania are proposed in accordance with Article XI:
     8     (1)  That section 4 of Article IX be amended to read:
     9  [§ 4.  County government.
    10     County officers shall consist of commissioners, controllers
    11  or auditors, district attorneys, public defenders, treasurers,
    12  sheriffs, registers of wills, recorders of deeds,
    13  prothonotaries, clerks of the courts, and such others as may
    14  from time to time be provided by law.
    15     County officers, except for public defenders who shall be
    16  appointed as shall be provided by law, shall be elected at the
    17  municipal elections and shall hold their offices for the term of


     1  four years, beginning on the first Monday of January next after
     2  their election, and until their successors shall be duly
     3  qualified; all vacancies shall be filled in such a manner as may
     4  be provided by law.
     5     County officers shall be paid only by salary as provided by
     6  law for services performed for the county or any other
     7  governmental unit. Fees incidental to the conduct of any county
     8  office shall be payable directly to the county or the
     9  Commonwealth, or as otherwise provided by law.
    10     Three county commissioners shall be elected in each county.
    11  In the election of these officers each qualified elector shall
    12  vote for no more than two persons, and the three persons
    13  receiving the highest number of votes shall be elected.
    14     Provisions for county government in this section shall apply
    15  to every county except a county which has adopted a home rule
    16  charter or an optional form of government. One of the optional
    17  forms of county government provided by law shall include the
    18  provisions of this section.]
    19     (2)  That Article IX be amended by adding a section to read:
    20  § 13.1.  Abolition of county government.
    21     (a)  Effective January 1, 2010, all county offices and all
    22  county government functions within the Commonwealth are
    23  abolished.
    24     (b)  Local and special laws regulating the affairs of
    25  counties and prescribing powers and duties shall apply to the
    26  Commonwealth.
    27     (c)  All functions of county government shall become the
    28  responsibility of the Commonwealth and shall be administered by
    29  the executive department or agency or the component of the
    30  unified judicial system which exercised control or direction
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     1  over that function or for whom the county was performing that
     2  function or shall be as provided by law.
     3     (d)  Notwithstanding the provisions of section 9 of Article
     4  VIII of this Constitution, the Commonwealth shall assume all the
     5  debt and the contractual obligations of the counties which are
     6  abolished.
     7     Section 2.  (a)  Upon the first passage by the General
     8  Assembly of these proposed constitutional amendments, the
     9  Secretary of the Commonwealth shall proceed immediately to
    10  comply with the advertising requirements of section 1 of Article
    11  XI of the Constitution of Pennsylvania and shall transmit the
    12  required advertisements to two newspapers in every county in
    13  which such newspapers are published in sufficient time after
    14  passage of these proposed constitutional amendments.
    15     (b)  Upon the second passage by the General Assembly of these
    16  proposed constitutional amendments, the Secretary of the
    17  Commonwealth shall proceed immediately to comply with the
    18  advertising requirements of section 1 of Article XI of the
    19  Constitution of Pennsylvania and shall transmit the required
    20  advertisements to two newspapers in every county in which such
    21  newspapers are published in sufficient time after passage of
    22  these proposed constitutional amendments. The Secretary of the
    23  Commonwealth shall submit these proposed constitutional
    24  amendments to the qualified electors of this Commonwealth at the
    25  first primary, general or municipal election occurring at least
    26  three months after the proposed constitutional amendments are
    27  passed by the General Assembly which meets the requirements of
    28  and is in conformance with section 1 of Article XI of the
    29  Constitution of Pennsylvania.

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