SENATE AMENDED
PRIOR PRINTER'S NOS. 1310, 2463 PRINTER'S NO. 3714
No. 1157 Session of 1999
INTRODUCED BY ROSS, BARD, COY, HERMAN AND LESCOVITZ,
APRIL 7, 1999
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 12, 2000
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
2 reenacted and amended, "An act concerning townships of the
3 second class; and amending, revising, consolidating and
4 changing the law relating thereto," further providing for <--
5 supervisors and for auditors; providing for school crossing
6 guards; and further regulating the annual budget and uniform
7 report forms.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 403 of the act of May 1, 1933 (P.L.103, <--
11 No.69), known as The Second Class Township Code, reenacted and
12 amended November 9, 1995 (P.L.350, No.60), is amended by adding
13 a subsection to read:
14 Section 403. Supervisors.--* * *
15 (d) If two or more openings in the office of supervisor will
16 appear on the same ballot, a person shall be ineligible to file
17 nominating petitions for more than one such opening and shall be
18 ineligible to be elected to fill more than one such opening.
19 Section 2. Section 404 of the act, amended December 18, 1996
1 (P.L.1142, No.172), is amended to read:
2 Section 404. Auditors.--(a) Except when vacancies create
3 shorter terms, at each municipal election, the electors of each
4 township shall elect one auditor to serve for a term of six
5 years from the first Monday of January after the election.
6 Auditors shall reside in the township from which elected and
7 shall have resided in that township continuously for at least
8 one year immediately preceding their election.
9 (b) No auditor shall at the same time hold any other
10 elective or appointive township office or position or be an
11 employe of the township for which he has been elected or
12 appointed.
13 (c) [In the event that there concurrently exists two or more
14 vacancies for the position of township auditor, a person shall
15 be ineligible to seek nomination or election to fill more than
16 one such vacancy.] If two or more openings in the office of
17 auditor will appear on the same ballot, a person shall be
18 ineligible to file nominating petitions for more than one such
19 opening and shall be ineligible to be elected to fill more than
20 one such opening.
21 Section 3. Sections 1915, 3202 and 3203 of the act are
22 amended to read:
23 SECTION 1. SECTIONS 1915, 3202 AND 3203 OF THE ACT OF MAY 1, <--
24 1933 (P.L.103, NO.69), KNOWN AS THE SECOND CLASS TOWNSHIP CODE,
25 REENACTED AND AMENDED NOVEMBER 9, 1995 (P.L.350, NO.60), ARE
26 AMENDED TO READ:
27 Section 1915. [Special School Police] School Crossing
28 Guards.--(a) Upon request of the board of school directors of a
29 school district located wholly or partially within the township,
30 the board of supervisors by resolution may appoint [special
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1 school police] school crossing guards to control and direct
2 traffic at or near schools. The [officers] school crossing
3 guards shall be in uniform and [display a badge or other sign of
4 authority, and they have all the power of local police officers]
5 shall be authorized only in the management of traffic and
6 pedestrians. [Special school police] School crossing guards
7 serve at the pleasure of the board of supervisors [and], except
8 as provided in subsection (c) and are not eligible to join any
9 [police] TOWNSHIP pension fund [maintained for the township <--
10 police]. The board of supervisors shall determine the <--
11 compensation of [special school police] school crossing guards,
12 to be paid by the township or jointly by the township and the
13 school district in a ratio to be determined by the two boards.
14 If the township and school district cannot determine the ratio
15 of compensation to be paid by each board, each board shall pay
16 one-half of the compensation of the [police] school crossing
17 guards.
18 (b) The board of supervisors may create an educational
19 service agency under section 402.1 of the act of December 5,
20 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
21 "Unemployment Compensation Law," to provide [special school
22 police service] school crossing guards to one or more
23 educational institutions [by the school crossing guards
24 appointed] in conjunction with the school district. The
25 educational service agency shall serve as the agency for
26 management and control of the school crossing guards.
27 (c) The board of supervisors may approve an ordinance
28 allowing a board of school directors to assume hiring and
29 oversight of school crossing guards. Before the board of
30 supervisors may approve such an ordinance, the board of
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1 directors of the school district shall approve a resolution
2 requesting the authority to assume the hiring and oversight of
3 school crossing guards. The ordinance shall outline how the
4 police department will provide any necessary training and
5 assistance of the school crossing guards while on duty. Such
6 school crossing guards will be authorized only in the management
7 of traffic and pedestrians in and around areas identified by the
8 police department and the school district superintendent or his
9 or her designees. The school crossing guards shall not come
10 within the civil service provision of this act, nor shall they
11 fall under the bargaining unit of the school district nor as BE <--
12 CONSIDERED an employe as defined under section 1101-A of the act
13 of March 10, 1949 (P.L.30, No.14), known as the "Public School
14 Code of 1949," OR A "SCHOOL EMPLOYEE" AS DEFINED UNDER 24 <--
15 PA.C.S. § 8102 (RELATING TO DEFINITIONS), or under any plans
16 hereafter effective. Once the ordinance receives approval by the
17 board of supervisors, the school district shall assume the cost
18 of compensation, including fixing such compensation, if any, of
19 the school crossing guards. Auxiliary policemen, appointed as
20 prescribed by general law, may be hired by the school district
21 to serve as school crossing guards. The board of school
22 directors shall notify the board of supervisors of those hired
23 to serve as school crossing guards and request the necessary
24 training or assistance be provided as outlined by the ordinance.
25 Section 3202. Annual Budget.--(a) The board of supervisors
26 shall annually prepare a proposed budget for all funds for the
27 ensuing fiscal year. The proposed budget shall reflect as nearly
28 as possible the estimated revenues and expenses of the township
29 for the year for which the budget is prepared. A township shall
30 not prepare and advertise notice of a proposed budget when it is
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1 knowingly inaccurate. Upon any revision of the proposed budget,
2 if the estimated revenues or expenses in the final budget are
3 increased more than ten percent in the aggregate or more than
4 twenty-five percent in any major category over the proposed
5 budget, it may not be legally adopted with those increases
6 unless it is again advertised once, the same as the original
7 proposed budget, and an opportunity given to taxpayers to
8 examine the amended proposed budget. A major category is a group
9 of related revenue or expense items, the combined total of which
10 is listed as a line item. [on the annual budget forms furnished
11 by the Department of Community Affairs under section 3203.] The
12 budget shall be prepared on a uniform form prepared and
13 furnished under section 3203. The estimates in the budget shall
14 specify the amount of money necessary for each governmental
15 activity of the township for which a special tax levy may or may
16 not be authorized and the amount of money necessary for the
17 payment of debts and other miscellaneous purposes.
18 (b) Upon the preparation of the proposed budget, the board
19 of supervisors shall give public notice by advertisement once in
20 one newspaper of general circulation in the township that the
21 proposed budget is available for public inspection at a
22 designated place in the township. After the proposed budget has
23 been available for public inspection for twenty days, the board
24 of supervisors shall, after making revisions as are appropriate,
25 adopt the final budget not later then the thirty-first day of
26 December and the necessary appropriation measures required to
27 put it into effect.
28 (c) The total appropriation shall not exceed the revenues
29 estimated as available for the fiscal year. [The board of
30 supervisors shall within fifteen days after the adoption of the
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1 budget file a copy of the budget with the Department of
2 Community Affairs.]
3 (d) During the month of January next following any municipal
4 election, the board of supervisors may amend the budget and the
5 levy and tax rate to conform with its amended budget. A period
6 of ten days' public inspection at the office of the township
7 secretary of the proposed amended budget, after notice by the
8 township secretary to that effect is published once in a
9 newspaper of general circulation in the township, shall
10 intervene between the adoption of the proposed amended budget
11 and the final adoption of the amended budget. Any amended budget
12 must be adopted by the board of supervisors on or before the
13 fifteenth day of February. No proposed amended budget shall
14 before final adoption be revised upward in excess of ten percent
15 in the aggregate or in excess of twenty-five percent of the
16 amount of any major category in the proposed amended budget. A
17 major category is a group of related revenue or expense items,
18 the combined total of which is listed as a line item. [on the
19 annual budget forms furnished by the Department of Community
20 Affairs under section 3203. Within fifteen days after the
21 adoption of an amended budget, the township secretary shall file
22 a copy of it with the Department of Community Affairs.]
23 (e) The board of supervisors may by resolution make
24 supplemental appropriations for any purpose from any funds on
25 hand or estimated to be received within the fiscal year and not
26 otherwise appropriated, including the proceeds of any borrowing
27 authorized by law. Supplemental appropriations may be made
28 whether or not an appropriation for that purpose was included in
29 the original budget as adopted.
30 (f) The board of supervisors may by resolution transfer
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1 unencumbered moneys from one township account to another, but no
2 moneys may be transferred from the fund allocated for the
3 payment of debts or from any fund raised by a special tax levy
4 or assessment for a particular purpose. Transfers shall not be
5 made during the first three months of the fiscal year. No moneys
6 shall be paid out of the township treasury except upon
7 appropriation made according to law.
8 Section 3203. Uniform Report Forms.--(a) The uniform forms
9 for [the annual budget and] the annual financial [statement]
10 report required to be made by the auditors shall be prepared by
11 a committee consisting of four representatives of the State
12 Association of Township Supervisors and one representative each
13 from the Department of Transportation and the Department of
14 Community [Affairs.] and Economic Development.
15 (b) Representatives of the State Association of Township
16 Supervisors shall be appointed by the president of that
17 organization. The representatives may be township supervisors,
18 auditors or secretaries and should represent townships in the
19 various population groups. The president of the State
20 Association of Township Supervisors shall supply to the
21 Department of Community [Affairs] and Economic Development the
22 names and addresses of the representatives immediately upon
23 their appointment.
24 (c) Representatives of the townships shall serve without
25 compensation but shall be reimbursed by the Commonwealth for all
26 necessary expenses incurred in attending meetings of the
27 committee from appropriations made to the Department of
28 Community [Affairs.] and Economic Development. The committee
29 shall meet at the call of the Secretary of Community [Affairs]
30 and Economic Development, or an agent of the secretary, who
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1 shall chair the committee.
2 [(d) In preparing the uniform forms, the committee shall
3 give careful consideration to the fiscal needs and procedures of
4 townships of the various population groups, producing separate
5 forms, if necessary, to meet the needs of townships of varying
6 sizes. The form for annual reports shall contain the information
7 required to be furnished under this act and any other
8 information the committee believes proper and shall be arranged
9 to correlate with the forms for the budget, respecting order of
10 items and division of revenues by major classifications and
11 disbursements by major functions. The committee shall also
12 prescribe the form of the statement summarizing the annual
13 report which is required to be published under this act.]
14 (e) The Department of Community [Affairs] and Economic
15 Development shall prepare and furnish the forms required by this
16 act in cooperation with the committee. If the committee fails to
17 cooperate, the Department of Community [Affairs] and Economic
18 Development shall issue the forms and distribute them annually,
19 as needed, to the proper township officers.
20 Section 4 2. This act shall take effect in 60 days. <--
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