SENATE AMENDED
PRIOR PRINTER'S NOS. 1308, 2462 PRINTER'S NO. 2714
No. 1155 Session of 1999
INTRODUCED BY HERMAN, BARD, ROSS, LESCOVITZ AND COY,
APRIL 7, 1999
SENATOR GERLACH, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
DECEMBER 1, 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," renaming
4 special school police as school crossing guards; FURTHER <--
5 PROVIDING FOR SPECIFIC POWERS OF A BOROUGH RELATING TO TOWING
6 EQUIPMENT; providing for school crossing guards' powers and
7 duties, for filing of budget and for uniform forms; and
8 making editorial changes.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 1127 SECTIONS 1127 AND 1202(51) of the <--
12 act of February 1, 1966 (1965 P.L.1656, No.581), known as The
13 Borough Code, is ARE amended to read: <--
14 Section 1127. [Special School Police.--] School Crossing
15 Guards.--(a) Upon request of the board of school directors of
16 the school district in which a borough is located, the borough
17 council may appoint [special school police] school crossing
18 guards who shall have the duty of controlling and directing
19 traffic at or near schools and who shall be in suitable and
1 distinctive uniform. [and shall display a badge or other sign of
2 authority. Such police shall be vested with all the power of
3 local police officers and while] While on duty, these crossing
4 guards shall be under and subject to the direction of the mayor.
5 They shall serve at the pleasure of the borough council, except
6 as noted in subsection (b), and shall not come within the civil
7 service provisions of this act and shall not be entitled to
8 participate in any police pension plan or plans now in effect or
9 hereafter effective. The compensation of the school [police]
10 crossing guards, if any, shall be fixed by the borough council
11 and shall be jointly paid by the borough council and the board
12 of school directors, in a ratio to be determined by the borough
13 council and board of school directors. If the borough council
14 and board of school directors are unable to determine the ratio
15 of compensation of the [police] crossing guards to be paid by
16 the council and the board, each shall pay one-half of the
17 compensation of such [police] crossing guards. Auxiliary
18 policemen, appointed as prescribed by general law, may be
19 designated to serve as [special school police.] crossing guards.
20 (b) The borough council may approve an ordinance allowing a
21 board of school directors to assume hiring and oversight of
22 school crossing guards. Before the borough council may approve
23 such an ordinance, the board of directors of the school district
24 shall approve a resolution requesting the authority to assume
25 the hiring and oversight of school crossing guards. The
26 ordinance shall outline how the police department will provide
27 any necessary training and assistance of the school crossing
28 guards while on duty. Such school crossing guards shall be
29 authorized only in the management of traffic and pedestrians in
30 and around areas identified by the police department and the
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1 school district superintendent or his or her designees. The
2 school crossing guards shall not come within the civil service
3 provision of this act, nor shall they fall under the bargaining
4 unit of the school district nor as an employe as defined under
5 section 1101-A of the act of March 10, 1949 (P.L.30, No.14),
6 known as the "Public School Code of 1949," or under any plans
7 hereafter effective. Once the ordinance receives approval by the
8 borough council, the school district shall assume the cost of
9 compensation, including fixing such compensation, if any, of the
10 school crossing guards. Auxiliary policemen, appointed as
11 prescribed by general law, may be hired by the school district
12 to serve as school crossing guards. The board of school
13 directors shall notify the borough council of those hired to
14 serve as school crossing guards and request the necessary
15 training or assistance be provided as outlined by the ordinance.
16 SECTION 1202. SPECIFIC POWERS.--THE POWERS OF THE BOROUGH <--
17 SHALL BE VESTED IN THE CORPORATE AUTHORITIES. AMONG THE SPECIFIC
18 POWERS OF THE BOROUGH SHALL BE THE FOLLOWING, AND IN THE
19 EXERCISE OF ANY OF SUCH POWERS INVOLVING THE ENACTMENT OF ANY
20 ORDINANCE OR THE MAKING OF ANY REGULATION, RESTRICTION OR
21 PROHIBITION, THE BOROUGH MAY PROVIDE FOR THE ENFORCEMENT THEREOF
22 AND MAY PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF OR FOR THE
23 FAILURE TO CONFORM THERETO:
24 * * *
25 (51) TOWING EQUIPMENT. TO PURCHASE VEHICLES AND OTHER
26 EQUIPMENT NECESSARY FOR THE TOWING OF MOTOR VEHICLES, TRACTORS,
27 AND OTHER VEHICLES FROM ROADS, STREETS, AND PUBLIC PROPERTY OF
28 THE BOROUGH AND TO IMPOSE FEES THEREFOR WHENEVER SUCH TOWING
29 EQUIPMENT IS USED FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES AND
30 OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS, AND PUBLIC
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1 PROPERTY OF THE BOROUGH AND/OR TO AUTHORIZE OR CONTRACT WITH ONE
2 OR MORE COMMERCIAL TOWERS AS THE OFFICIAL TOWERS FOR THE BOROUGH
3 FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES, TRACTORS AND OTHER
4 VEHICLES FROM HIGHWAYS, ROADS, STREETS AND PUBLIC PROPERTY OF
5 THE BOROUGH AND TO IMPOSE FEES IN THE SAME MANNER AS HEREBY
6 AUTHORIZED WHEN THE TOWING IS PERFORMED WITH BOROUGH VEHICLES
7 AND EQUIPMENT. THIS CLAUSE SHALL APPLY ONLY WHEN THE BOROUGH IS
8 REQUESTING A VEHICLE TO BE TOWED. IN ALL OTHER CASES, THE OWNER
9 OR OPERATOR OF A VEHICLE SHALL BE PERMITTED TO SELECT AND PAY
10 FOR THE TOWER.
11 * * *
12 Section 2. Sections 1310, 1311 and 1314 of the act, amended
13 October 9, 1967 (P.L.399, No.181), are amended to read:
14 Section 1310. Adoption of Budget; Tax Ordinance.--Upon
15 completion of the budget, containing the estimated receipts and
16 expenditures, and its adoption by motion in council, which shall
17 not be later than December thirty-first, it shall be the duty of
18 the council to adopt an ordinance levying the taxes referred to
19 in this act for the fiscal year for approval of the mayor or
20 passage over his veto.
21 [Copy of the budget, together with the tax ordinance, shall
22 be filed with the Department of Community Affairs by the
23 secretary of the borough, within fifteen days after the adoption
24 of the tax ordinance.]
25 Section 1311. Amending Budget; Notice.--During the month of
26 January next following any municipal election the council of any
27 borough may amend the budget and the levy and tax rate to
28 conform with its amended budget. A period of ten days' public
29 inspection at the office of the borough secretary of the
30 proposed amended budget after notice by the borough secretary to
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1 that effect is published once in a newspaper as provided in
2 section 109 of this act, shall intervene between the proposed
3 amended budget and the adoption thereof. Any amended budget must
4 be adopted by council on or before the fifteenth day of
5 February.
6 [Within fifteen days after the adoption of an amended budget
7 the borough secretary shall file a copy thereof in the office of
8 the Department of Community Affairs.]
9 Section 1314. Uniform [Budget and] Financial Report;
10 Forms.--The uniform forms for [the annual budget, the annual
11 auditors' report and] the annual financial statement required to
12 be made by the auditors or the controller shall be prepared by a
13 committee consisting of four representatives from the
14 Pennsylvania State Association of Boroughs, and the Secretary of
15 Community [Affairs,] and Economic Development or his agent.
16 Such representatives of boroughs shall be appointed by the
17 president of the organization. Such representatives shall be
18 chosen from among the finance officers or other officers of the
19 borough who have knowledge of their fiscal procedures. As far as
20 possible, they shall be chosen to represent boroughs in the
21 various population groups. The president of the organization
22 shall supply to the Department of Community [Affairs] and
23 Economic Development the names and addresses of such
24 representatives immediately upon their appointment.
25 Such representatives shall serve without compensation, but
26 shall be reimbursed by the Commonwealth for all necessary
27 expenses incurred in attending meetings of the committee. The
28 committee shall meet at the call of Secretary of Community
29 [Affairs] and Economic Development, or his agent, who shall
30 serve as chairman of the committee.
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1 [In preparing such uniform forms, the committee shall give
2 careful consideration to the fiscal needs and procedures of
3 boroughs of the various population groups, producing separate
4 forms if necessary, to the end that such forms shall not be
5 inconsistent with the general administrative practices of
6 boroughs of various types and sizes.]
7 It shall be the duty of the Secretary of Community [Affairs]
8 and Economic Development, or his agent, to see to it that the
9 forms required by this article are prepared in cooperation with
10 such committee. In the event that the committee should for any
11 reason fail to furnish such cooperation, the Secretary of
12 Community [Affairs] and Economic Development, or his agent,
13 shall prepare the forms. After their preparation, he shall issue
14 such forms and distribute them annually, as needed to the proper
15 officers of each borough.
16 Section 3. This act shall take effect in 60 days.
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