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 19990H1155B3713 - 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 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 19990H1155B3713 - 3 -
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 19990H1155B3713 - 4 -
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 19990H1155B3713 - 5 -
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. A26L08MRD/19990H1155B3713 - 6 -