PRIOR PRINTER'S NO. 1308 PRINTER'S NO. 2462
No. 1155 Session of 1999
INTRODUCED BY HERMAN, BARD, ROSS, LESCOVITZ AND COY,
APRIL 7, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 18, 1999
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," providing <--
4 RENAMING SPECIAL SCHOOL POLICE AS SCHOOL CROSSING GUARDS; <--
5 PROVIDING FOR SCHOOL CROSSING GUARDS' POWERS AND DUTIES, for
6 filing of budget and for uniform forms; and making editorial
7 changes.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 1310, 1311 and 1314 of the act of <--
11 February 1, 1966 (1965 P.L.1656, No.581), known as The Borough
12 Code, amended October 9, 1967 (P.L.399, No.181), are amended to
13 read:
14 SECTION 1. SECTION 1127 OF THE ACT OF FEBRUARY 1, 1966 (1965 <--
15 P.L.1656, NO.581), KNOWN AS THE BOROUGH CODE, IS AMENDED TO
16 READ:
17 SECTION 1127. [SPECIAL SCHOOL POLICE.--] SCHOOL CROSSING
18 GUARDS.--(A) UPON REQUEST OF THE BOARD OF SCHOOL DIRECTORS OF
19 THE SCHOOL DISTRICT IN WHICH A BOROUGH IS LOCATED, THE BOROUGH
1 COUNCIL MAY APPOINT [SPECIAL SCHOOL POLICE] SCHOOL CROSSING
2 GUARDS WHO SHALL HAVE THE DUTY OF CONTROLLING AND DIRECTING
3 TRAFFIC AT OR NEAR SCHOOLS AND WHO SHALL BE IN SUITABLE AND
4 DISTINCTIVE UNIFORM. [AND SHALL DISPLAY A BADGE OR OTHER SIGN OF
5 AUTHORITY. SUCH POLICE SHALL BE VESTED WITH ALL THE POWER OF
6 LOCAL POLICE OFFICERS AND WHILE] WHILE ON DUTY, THESE CROSSING
7 GUARDS SHALL BE UNDER AND SUBJECT TO THE DIRECTION OF THE MAYOR.
8 THEY SHALL SERVE AT THE PLEASURE OF THE BOROUGH COUNCIL, EXCEPT
9 AS NOTED IN SUBSECTION (B), AND SHALL NOT COME WITHIN THE CIVIL
10 SERVICE PROVISIONS OF THIS ACT AND SHALL NOT BE ENTITLED TO
11 PARTICIPATE IN ANY POLICE PENSION PLAN OR PLANS NOW IN EFFECT OR
12 HEREAFTER EFFECTIVE. THE COMPENSATION OF THE SCHOOL [POLICE]
13 CROSSING GUARDS, IF ANY, SHALL BE FIXED BY THE BOROUGH COUNCIL
14 AND SHALL BE JOINTLY PAID BY THE BOROUGH COUNCIL AND THE BOARD
15 OF SCHOOL DIRECTORS, IN A RATIO TO BE DETERMINED BY THE BOROUGH
16 COUNCIL AND BOARD OF SCHOOL DIRECTORS. IF THE BOROUGH COUNCIL
17 AND BOARD OF SCHOOL DIRECTORS ARE UNABLE TO DETERMINE THE RATIO
18 OF COMPENSATION OF THE [POLICE] CROSSING GUARDS TO BE PAID BY
19 THE COUNCIL AND THE BOARD, EACH SHALL PAY ONE-HALF OF THE
20 COMPENSATION OF SUCH [POLICE] CROSSING GUARDS. AUXILIARY
21 POLICEMEN, APPOINTED AS PRESCRIBED BY GENERAL LAW, MAY BE
22 DESIGNATED TO SERVE AS [SPECIAL SCHOOL POLICE.] CROSSING GUARDS.
23 (B) THE BOROUGH COUNCIL MAY APPROVE AN ORDINANCE ALLOWING A
24 BOARD OF SCHOOL DIRECTORS TO ASSUME HIRING AND OVERSIGHT OF
25 SCHOOL CROSSING GUARDS. BEFORE THE BOROUGH COUNCIL MAY APPROVE
26 SUCH AN ORDINANCE, THE BOARD OF DIRECTORS OF THE SCHOOL DISTRICT
27 SHALL APPROVE A RESOLUTION REQUESTING THE AUTHORITY TO ASSUME
28 THE HIRING AND OVERSIGHT OF SCHOOL CROSSING GUARDS. THE
29 ORDINANCE SHALL OUTLINE HOW THE POLICE DEPARTMENT WILL PROVIDE
30 ANY NECESSARY TRAINING AND ASSISTANCE OF THE SCHOOL CROSSING
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1 GUARDS WHILE ON DUTY. SUCH SCHOOL CROSSING GUARDS SHALL BE
2 AUTHORIZED ONLY IN THE MANAGEMENT OF TRAFFIC AND PEDESTRIANS IN
3 AND AROUND AREAS IDENTIFIED BY THE POLICE DEPARTMENT AND THE
4 SCHOOL DISTRICT SUPERINTENDENT OR HIS OR HER DESIGNEES. THE
5 SCHOOL CROSSING GUARDS SHALL NOT COME WITHIN THE CIVIL SERVICE
6 PROVISION OF THIS ACT, NOR SHALL THEY FALL UNDER THE BARGAINING
7 UNIT OF THE SCHOOL DISTRICT NOR AS AN EMPLOYE AS DEFINED UNDER
8 SECTION 1101-A OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14),
9 KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949," OR UNDER ANY PLANS
10 HEREAFTER EFFECTIVE. ONCE THE ORDINANCE RECEIVES APPROVAL BY THE
11 BOROUGH COUNCIL, THE SCHOOL DISTRICT SHALL ASSUME THE COST OF
12 COMPENSATION, INCLUDING FIXING SUCH COMPENSATION, IF ANY, OF THE
13 SCHOOL CROSSING GUARDS. AUXILIARY POLICEMEN, APPOINTED AS
14 PRESCRIBED BY GENERAL LAW, MAY BE HIRED BY THE SCHOOL DISTRICT
15 TO SERVE AS SCHOOL CROSSING GUARDS. THE BOARD OF SCHOOL
16 DIRECTORS SHALL NOTIFY THE BOROUGH COUNCIL OF THOSE HIRED TO
17 SERVE AS SCHOOL CROSSING GUARDS AND REQUEST THE NECESSARY
18 TRAINING OR ASSISTANCE BE PROVIDED AS OUTLINED BY THE ORDINANCE.
19 SECTION 2. SECTIONS 1310, 1311 AND 1314 OF THE ACT, AMENDED
20 OCTOBER 9, 1967 (P.L.399, NO.181), ARE AMENDED TO READ:
21 Section 1310. Adoption of Budget; Tax Ordinance.--Upon
22 completion of the budget, containing the estimated receipts and
23 expenditures, and its adoption by motion in council, which shall
24 not be later than December thirty-first, it shall be the duty of
25 the council to adopt an ordinance levying the taxes referred to
26 in this act for the fiscal year for approval of the mayor or
27 passage over his veto.
28 [Copy of the budget, together with the tax ordinance, shall
29 be filed with the Department of Community Affairs by the
30 secretary of the borough, within fifteen days after the adoption
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1 of the tax ordinance.]
2 Section 1311. Amending Budget; Notice.--During the month of
3 January next following any municipal election the council of any
4 borough may amend the budget and the levy and tax rate to
5 conform with its amended budget. A period of ten days' public
6 inspection at the office of the borough secretary of the
7 proposed amended budget after notice by the borough secretary to
8 that effect is published once in a newspaper as provided in
9 section 109 of this act, shall intervene between the proposed
10 amended budget and the adoption thereof. Any amended budget must
11 be adopted by council on or before the fifteenth day of
12 February.
13 [Within fifteen days after the adoption of an amended budget
14 the borough secretary shall file a copy thereof in the office of
15 the Department of Community Affairs.]
16 Section 1314. Uniform [Budget and] Financial Report;
17 Forms.--The uniform forms for [the annual budget, the annual
18 auditors' report and] the annual financial statement required to
19 be made by the auditors or the controller shall be prepared by a
20 committee consisting of four representatives from the
21 Pennsylvania State Association of Boroughs, and the Secretary of
22 Community [Affairs,] and Economic Development or his agent.
23 Such representatives of boroughs shall be appointed by the
24 president of the organization. Such representatives shall be
25 chosen from among the finance officers or other officers of the
26 borough who have knowledge of their fiscal procedures. As far as
27 possible, they shall be chosen to represent boroughs in the
28 various population groups. The president of the organization
29 shall supply to the Department of Community [Affairs] and
30 Economic Development the names and addresses of such
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1 representatives immediately upon their appointment.
2 Such representatives shall serve without compensation, but
3 shall be reimbursed by the Commonwealth for all necessary
4 expenses incurred in attending meetings of the committee. The
5 committee shall meet at the call of Secretary of Community
6 [Affairs] and Economic Development, or his agent, who shall
7 serve as chairman of the committee.
8 [In preparing such uniform forms, the committee shall give
9 careful consideration to the fiscal needs and procedures of
10 boroughs of the various population groups, producing separate
11 forms if necessary, to the end that such forms shall not be
12 inconsistent with the general administrative practices of
13 boroughs of various types and sizes.]
14 It shall be the duty of the Secretary of Community [Affairs]
15 and Economic Development, or his agent, to see to it that the
16 forms required by this article are prepared in cooperation with
17 such committee. In the event that the committee should for any
18 reason fail to furnish such cooperation, the Secretary of
19 Community [Affairs] and Economic Development, or his agent,
20 shall prepare the forms. After their preparation, he shall issue
21 such forms and distribute them annually, as needed to the proper
22 officers of each borough.
23 Section 2 3. This act shall take effect in 60 days. <--
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