SENATE AMENDED
PRIOR PRINTER'S NOS. 1308, 2462, 2714, PRINTER'S NO. 3737
3713
No. 1155 Session of 1999
INTRODUCED BY HERMAN, BARD, ROSS, LESCOVITZ AND COY,
APRIL 7, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 13, 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," PROVIDING <--
4 FOR ATTENDANCE AT NATIONAL OR STATE LODGE OF POLICE OFFICERS;
5 renaming special school police as school crossing guards;
6 FURTHER PROVIDING FOR SPECIFIC POWERS OF A BOROUGH RELATING <--
7 TO TOWING EQUIPMENT; providing for school crossing guards'
8 powers and duties, for filing of budget and for uniform
9 forms; and making editorial changes.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 1127 SECTIONS 1127 AND 1202(51) of the <--
13 act of February 1, 1966 (1965 P.L.1656, No.581), known as The
14 Borough Code, is ARE amended to read: <--
15 SECTION 1. THE ACT OF FEBRUARY 1, 1966 (1965 P.L.1656, <--
16 NO.581), KNOWN AS THE BOROUGH CODE, IS AMENDED BY ADDING A
17 SECTION TO READ:
18 SECTION 705. NATIONAL OR STATE LODGE OF POLICE OFFICERS.--
19 ANY BOROUGH COUNCIL MAY GRANT ANY BOROUGH EMPLOYE, WHO IS A DULY
20 ELECTED REPRESENTATIVE OF ANY STATE LODGE OF POLICE OFFICERS, OR
1 ANY LOCAL LODGE BEING A PART OF ANY NATIONAL OR STATE LODGE OF
2 POLICE OFFICERS, A LEAVE OF ABSENCE WITH PAY TO ATTEND ANY
3 ANNUAL NATIONAL OR STATE CONVENTION OR CONFERENCE OF SUCH LODGE,
4 FOR A PERIOD NOT TO EXCEED FOUR DAYS, INCLUDING NECESSARY TIME
5 FOR TRAVEL TO AND FROM SAME. ANY EMPLOYE RECEIVING TIME OFF WITH
6 PAY UNDER THIS SECTION SHALL UPON HIS RETURN SUBMIT TO HIS
7 IMMEDIATE SUPERIOR A CERTIFICATE TESTIFYING TO HIS ATTENDANCE AT
8 THE CONVENTION OR CONFERENCE, SIGNED BY AT LEAST TWO RESPONSIBLE
9 OFFICERS OF THE CONVENTION OR CONFERENCE. NO MORE THAN TWO
10 ELECTED REPRESENTATIVES WHO ARE EMPLOYES OF THE SAME BOROUGH MAY
11 ATTEND ANY SUCH CONVENTION OR CONFERENCE ON BEHALF OF ANY SUCH
12 LODGE UNDER THIS SECTION.
13 SECTION 2. SECTIONS 1127 AND 1202(51) OF THE ACT ARE AMENDED
14 TO READ:
15 Section 1127. [Special School Police.--] School Crossing
16 Guards.--(a) Upon request of the board of school directors of
17 the school district in which a borough is located, the borough
18 council may appoint [special school police] school crossing
19 guards who shall have the duty of controlling and directing
20 traffic at or near schools and who shall be in suitable and
21 distinctive uniform. [and shall display a badge or other sign of
22 authority. Such police shall be vested with all the power of
23 local police officers and while] While on duty, these crossing
24 guards shall be under and subject to the direction of the mayor.
25 They shall serve at the pleasure of the borough council, except
26 as noted in subsection (b), and shall not come within the civil
27 service provisions of this act and shall not be entitled to
28 participate in any [police] BOROUGH pension plan or plans now in <--
29 effect or hereafter effective. The compensation of the school
30 [police] crossing guards, if any, shall be fixed by the borough
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1 council and shall be jointly paid by the borough council and the
2 board of school directors, in a ratio to be determined by the
3 borough council and board of school directors. If the borough
4 council and board of school directors are unable to determine
5 the ratio of compensation of the [police] crossing guards to be
6 paid by the council and the board, each shall pay one-half of
7 the compensation of such [police] crossing guards. Auxiliary
8 policemen, appointed as prescribed by general law, may be
9 designated to serve as [special school police.] crossing guards.
10 (b) The borough council may approve an ordinance allowing a
11 board of school directors to assume hiring and oversight of
12 school crossing guards. Before the borough council may approve
13 such an ordinance, the board of directors of the school district
14 shall approve a resolution requesting the authority to assume
15 the hiring and oversight of school crossing guards. The
16 ordinance shall outline how the police department will provide
17 any necessary training and assistance of the school crossing
18 guards while on duty. Such school crossing guards shall be
19 authorized only in the management of traffic and pedestrians in
20 and around areas identified by the police department and the
21 school district superintendent or his or her designees. The
22 school crossing guards shall not come within the civil service
23 provision of this act, nor shall they fall under the bargaining
24 unit of the school district nor as BE CONSIDERED an employe as <--
25 defined under section 1101-A of the act of March 10, 1949
26 (P.L.30, No.14), known as the "Public School Code of 1949," OR A <--
27 "SCHOOL EMPLOYEE" AS DEFINED UNDER 24 PA.C.S. § 8102 (RELATING
28 TO DEFINITIONS), or under any plans hereafter effective. Once
29 the ordinance receives approval by the borough council, the
30 school district shall assume the cost of compensation, including
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1 fixing such compensation, if any, of the school crossing guards.
2 Auxiliary policemen, appointed as prescribed by general law, may
3 be hired by the school district to serve as school crossing
4 guards. The board of school directors shall notify the borough
5 council of those hired to serve as school crossing guards and
6 request the necessary training or assistance be provided as
7 outlined by the ordinance.
8 SECTION 1202. SPECIFIC POWERS.--THE POWERS OF THE BOROUGH <--
9 SHALL BE VESTED IN THE CORPORATE AUTHORITIES. AMONG THE SPECIFIC
10 POWERS OF THE BOROUGH SHALL BE THE FOLLOWING, AND IN THE
11 EXERCISE OF ANY OF SUCH POWERS INVOLVING THE ENACTMENT OF ANY
12 ORDINANCE OR THE MAKING OF ANY REGULATION, RESTRICTION OR
13 PROHIBITION, THE BOROUGH MAY PROVIDE FOR THE ENFORCEMENT THEREOF
14 AND MAY PRESCRIBE PENALTIES FOR THE VIOLATION THEREOF OR FOR THE
15 FAILURE TO CONFORM THERETO:
16 * * *
17 (51) TOWING EQUIPMENT. TO PURCHASE VEHICLES AND OTHER
18 EQUIPMENT NECESSARY FOR THE TOWING OF MOTOR VEHICLES, TRACTORS,
19 AND OTHER VEHICLES FROM ROADS, STREETS, AND PUBLIC PROPERTY OF
20 THE BOROUGH AND TO IMPOSE FEES THEREFOR WHENEVER SUCH TOWING
21 EQUIPMENT IS USED FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES AND
22 OTHER VEHICLES FROM HIGHWAYS, ROADS, STREETS, AND PUBLIC
23 PROPERTY OF THE BOROUGH AND/OR TO AUTHORIZE OR CONTRACT WITH ONE
24 OR MORE COMMERCIAL TOWERS AS THE OFFICIAL TOWERS FOR THE BOROUGH
25 FOR THE LAWFUL REMOVAL OF MOTOR VEHICLES, TRACTORS AND OTHER
26 VEHICLES FROM HIGHWAYS, ROADS, STREETS AND PUBLIC PROPERTY OF
27 THE BOROUGH AND TO IMPOSE FEES IN THE SAME MANNER AS HEREBY
28 AUTHORIZED WHEN THE TOWING IS PERFORMED WITH BOROUGH VEHICLES
29 AND EQUIPMENT. THIS CLAUSE SHALL APPLY ONLY WHEN THE BOROUGH IS
30 REQUESTING A VEHICLE TO BE TOWED. IN ALL OTHER CASES, THE OWNER
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1 OR OPERATOR OF A VEHICLE SHALL BE PERMITTED TO SELECT AND PAY
2 FOR THE TOWER.
3 * * *
4 Section 2 3. Sections 1310, 1311 and 1314 of the act, <--
5 amended October 9, 1967 (P.L.399, No.181), are amended to read:
6 Section 1310. Adoption of Budget; Tax Ordinance.--Upon
7 completion of the budget, containing the estimated receipts and
8 expenditures, and its adoption by motion in council, which shall
9 not be later than December thirty-first, it shall be the duty of
10 the council to adopt an ordinance levying the taxes referred to
11 in this act for the fiscal year for approval of the mayor or
12 passage over his veto.
13 [Copy of the budget, together with the tax ordinance, shall
14 be filed with the Department of Community Affairs by the
15 secretary of the borough, within fifteen days after the adoption
16 of the tax ordinance.]
17 Section 1311. Amending Budget; Notice.--During the month of
18 January next following any municipal election the council of any
19 borough may amend the budget and the levy and tax rate to
20 conform with its amended budget. A period of ten days' public
21 inspection at the office of the borough secretary of the
22 proposed amended budget after notice by the borough secretary to
23 that effect is published once in a newspaper as provided in
24 section 109 of this act, shall intervene between the proposed
25 amended budget and the adoption thereof. Any amended budget must
26 be adopted by council on or before the fifteenth day of
27 February.
28 [Within fifteen days after the adoption of an amended budget
29 the borough secretary shall file a copy thereof in the office of
30 the Department of Community Affairs.]
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1 Section 1314. Uniform [Budget and] Financial Report;
2 Forms.--The uniform forms for [the annual budget, the annual
3 auditors' report and] the annual financial statement required to
4 be made by the auditors or the controller shall be prepared by a
5 committee consisting of four representatives from the
6 Pennsylvania State Association of Boroughs, and the Secretary of
7 Community [Affairs,] and Economic Development or his agent.
8 Such representatives of boroughs shall be appointed by the
9 president of the organization. Such representatives shall be
10 chosen from among the finance officers or other officers of the
11 borough who have knowledge of their fiscal procedures. As far as
12 possible, they shall be chosen to represent boroughs in the
13 various population groups. The president of the organization
14 shall supply to the Department of Community [Affairs] and
15 Economic Development the names and addresses of such
16 representatives immediately upon their appointment.
17 Such representatives shall serve without compensation, but
18 shall be reimbursed by the Commonwealth for all necessary
19 expenses incurred in attending meetings of the committee. The
20 committee shall meet at the call of Secretary of Community
21 [Affairs] and Economic Development, or his agent, who shall
22 serve as chairman of the committee.
23 [In preparing such uniform forms, the committee shall give
24 careful consideration to the fiscal needs and procedures of
25 boroughs of the various population groups, producing separate
26 forms if necessary, to the end that such forms shall not be
27 inconsistent with the general administrative practices of
28 boroughs of various types and sizes.]
29 It shall be the duty of the Secretary of Community [Affairs]
30 and Economic Development, or his agent, to see to it that the
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1 forms required by this article are prepared in cooperation with
2 such committee. In the event that the committee should for any
3 reason fail to furnish such cooperation, the Secretary of
4 Community [Affairs] and Economic Development, or his agent,
5 shall prepare the forms. After their preparation, he shall issue
6 such forms and distribute them annually, as needed to the proper
7 officers of each borough.
8 Section 3 4. This act shall take effect in 60 days. <--
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