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 19990H1155B2714 - 2 -
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 19990H1155B2714 - 3 -
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 19990H1155B2714 - 4 -
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. 19990H1155B2714 - 5 -
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. A26L08MRD/19990H1155B2714 - 6 -