SENATE AMENDED
PRIOR PRINTER'S NOS. 1308, 2462, 2714 PRINTER'S NO. 3713
No. 1155 Session of 1999
INTRODUCED BY HERMAN, BARD, ROSS, LESCOVITZ AND COY,
APRIL 7, 1999
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 12, 2000
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] BOROUGH pension plan or plans now in <--
9 effect or hereafter effective. The compensation of the school
10 [police] crossing guards, if any, shall be fixed by the borough
11 council and shall be jointly paid by the borough council and the
12 board of school directors, in a ratio to be determined by the
13 borough council and board of school directors. If the borough
14 council and board of school directors are unable to determine
15 the ratio of compensation of the [police] crossing guards to be
16 paid by the council and the board, each shall pay one-half of
17 the 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 BE CONSIDERED an employe as <--
5 defined under section 1101-A of the act of March 10, 1949
6 (P.L.30, No.14), known as the "Public School Code of 1949," OR A <--
7 "SCHOOL EMPLOYEE" AS DEFINED UNDER 24 PA.C.S. § 8102 (RELATING
8 TO DEFINITIONS), or under any plans hereafter effective. Once
9 the ordinance receives approval by the borough council, the
10 school district shall assume the cost of compensation, including
11 fixing such compensation, if any, of the school crossing guards.
12 Auxiliary policemen, appointed as prescribed by general law, may
13 be hired by the school district to serve as school crossing
14 guards. The board of school directors shall notify the borough
15 council of those hired to serve as school crossing guards and
16 request the necessary training or assistance be provided as
17 outlined by the ordinance.
18 SECTION 1202. SPECIFIC POWERS.--THE POWERS OF THE BOROUGH <--
19 SHALL BE VESTED IN THE CORPORATE AUTHORITIES. AMONG THE SPECIFIC
20 POWERS OF THE BOROUGH SHALL BE THE FOLLOWING, AND IN THE
21 EXERCISE OF ANY OF SUCH POWERS INVOLVING THE ENACTMENT OF ANY
22 ORDINANCE OR THE MAKING OF ANY REGULATION, RESTRICTION OR
23 PROHIBITION, THE BOROUGH MAY PROVIDE FOR THE ENFORCEMENT THEREOF
24 AND MAY PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF OR FOR THE
25 FAILURE TO CONFORM THERETO:
26 * * *
27 (51) TOWING EQUIPMENT. TO PURCHASE VEHICLES AND OTHER
28 EQUIPMENT NECESSARY FOR THE TOWING OF MOTOR VEHICLES, TRACTORS,
29 AND OTHER VEHICLES FROM ROADS, STREETS, AND PUBLIC PROPERTY OF
30 THE BOROUGH AND TO IMPOSE FEES THEREFOR WHENEVER SUCH TOWING
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1 EQUIPMENT IS USED FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES AND
2 OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS, AND PUBLIC
3 PROPERTY OF THE BOROUGH AND/OR TO AUTHORIZE OR CONTRACT WITH ONE
4 OR MORE COMMERCIAL TOWERS AS THE OFFICIAL TOWERS FOR THE BOROUGH
5 FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES, TRACTORS AND OTHER
6 VEHICLES FROM HIGHWAYS, ROADS, STREETS AND PUBLIC PROPERTY OF
7 THE BOROUGH AND TO IMPOSE FEES IN THE SAME MANNER AS HEREBY
8 AUTHORIZED WHEN THE TOWING IS PERFORMED WITH BOROUGH VEHICLES
9 AND EQUIPMENT. THIS CLAUSE SHALL APPLY ONLY WHEN THE BOROUGH IS
10 REQUESTING A VEHICLE TO BE TOWED. IN ALL OTHER CASES, THE OWNER
11 OR OPERATOR OF A VEHICLE SHALL BE PERMITTED TO SELECT AND PAY
12 FOR THE TOWER.
13 * * *
14 Section 2. Sections 1310, 1311 and 1314 of the act, amended
15 October 9, 1967 (P.L.399, No.181), are amended to read:
16 Section 1310. Adoption of Budget; Tax Ordinance.--Upon
17 completion of the budget, containing the estimated receipts and
18 expenditures, and its adoption by motion in council, which shall
19 not be later than December thirty-first, it shall be the duty of
20 the council to adopt an ordinance levying the taxes referred to
21 in this act for the fiscal year for approval of the mayor or
22 passage over his veto.
23 [Copy of the budget, together with the tax ordinance, shall
24 be filed with the Department of Community Affairs by the
25 secretary of the borough, within fifteen days after the adoption
26 of the tax ordinance.]
27 Section 1311. Amending Budget; Notice.--During the month of
28 January next following any municipal election the council of any
29 borough may amend the budget and the levy and tax rate to
30 conform with its amended budget. A period of ten days' public
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1 inspection at the office of the borough secretary of the
2 proposed amended budget after notice by the borough secretary to
3 that effect is published once in a newspaper as provided in
4 section 109 of this act, shall intervene between the proposed
5 amended budget and the adoption thereof. Any amended budget must
6 be adopted by council on or before the fifteenth day of
7 February.
8 [Within fifteen days after the adoption of an amended budget
9 the borough secretary shall file a copy thereof in the office of
10 the Department of Community Affairs.]
11 Section 1314. Uniform [Budget and] Financial Report;
12 Forms.--The uniform forms for [the annual budget, the annual
13 auditors' report and] the annual financial statement required to
14 be made by the auditors or the controller shall be prepared by a
15 committee consisting of four representatives from the
16 Pennsylvania State Association of Boroughs, and the Secretary of
17 Community [Affairs,] and Economic Development or his agent.
18 Such representatives of boroughs shall be appointed by the
19 president of the organization. Such representatives shall be
20 chosen from among the finance officers or other officers of the
21 borough who have knowledge of their fiscal procedures. As far as
22 possible, they shall be chosen to represent boroughs in the
23 various population groups. The president of the organization
24 shall supply to the Department of Community [Affairs] and
25 Economic Development the names and addresses of such
26 representatives immediately upon their appointment.
27 Such representatives shall serve without compensation, but
28 shall be reimbursed by the Commonwealth for all necessary
29 expenses incurred in attending meetings of the committee. The
30 committee shall meet at the call of Secretary of Community
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1 [Affairs] and Economic Development, or his agent, who shall
2 serve as chairman of the committee.
3 [In preparing such uniform forms, the committee shall give
4 careful consideration to the fiscal needs and procedures of
5 boroughs of the various population groups, producing separate
6 forms if necessary, to the end that such forms shall not be
7 inconsistent with the general administrative practices of
8 boroughs of various types and sizes.]
9 It shall be the duty of the Secretary of Community [Affairs]
10 and Economic Development, or his agent, to see to it that the
11 forms required by this article are prepared in cooperation with
12 such committee. In the event that the committee should for any
13 reason fail to furnish such cooperation, the Secretary of
14 Community [Affairs] and Economic Development, or his agent,
15 shall prepare the forms. After their preparation, he shall issue
16 such forms and distribute them annually, as needed to the proper
17 officers of each borough.
18 Section 3. This act shall take effect in 60 days.
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