PRIOR PRINTER'S NO. 1310 PRINTER'S NO. 2463
No. 1157 Session of 1999
INTRODUCED BY ROSS, BARD, COY, HERMAN AND LESCOVITZ,
APRIL 7, 1999
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 18, 1999
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. Sections 3202 and 3203 of the act of May 1, 1933 <--
11 (P.L.103, No.69), known as The Second Class Township Code,
12 reenacted and amended November 9, 1995 (P.L.350, No.60), is
13 amended to read:
14 SECTION 1. SECTION 403 OF THE ACT OF MAY 1, 1933 (P.L.103, <--
15 NO.69), KNOWN AS THE SECOND CLASS TOWNSHIP CODE, REENACTED AND
16 AMENDED NOVEMBER 9, 1995 (P.L.350, NO.60), IS AMENDED BY ADDING
17 A SUBSECTION TO READ:
18 SECTION 403. SUPERVISORS.--* * *
19 (D) IF TWO OR MORE OPENINGS IN THE OFFICE OF SUPERVISOR WILL
1 APPEAR ON THE SAME BALLOT, A PERSON SHALL BE INELIGIBLE TO FILE
2 NOMINATING PETITIONS FOR MORE THAN ONE SUCH OPENING AND SHALL BE
3 INELIGIBLE TO BE ELECTED TO FILL MORE THAN ONE SUCH OPENING.
4 SECTION 2. SECTION 404 OF THE ACT, AMENDED DECEMBER 18, 1996
5 (P.L.1142, NO.172), IS AMENDED TO READ:
6 SECTION 404. AUDITORS.--(A) EXCEPT WHEN VACANCIES CREATE
7 SHORTER TERMS, AT EACH MUNICIPAL ELECTION, THE ELECTORS OF EACH
8 TOWNSHIP SHALL ELECT ONE AUDITOR TO SERVE FOR A TERM OF SIX
9 YEARS FROM THE FIRST MONDAY OF JANUARY AFTER THE ELECTION.
10 AUDITORS SHALL RESIDE IN THE TOWNSHIP FROM WHICH ELECTED AND
11 SHALL HAVE RESIDED IN THAT TOWNSHIP CONTINUOUSLY FOR AT LEAST
12 ONE YEAR IMMEDIATELY PRECEDING THEIR ELECTION.
13 (B) NO AUDITOR SHALL AT THE SAME TIME HOLD ANY OTHER
14 ELECTIVE OR APPOINTIVE TOWNSHIP OFFICE OR POSITION OR BE AN
15 EMPLOYE OF THE TOWNSHIP FOR WHICH HE HAS BEEN ELECTED OR
16 APPOINTED.
17 (C) [IN THE EVENT THAT THERE CONCURRENTLY EXISTS TWO OR MORE
18 VACANCIES FOR THE POSITION OF TOWNSHIP AUDITOR, A PERSON SHALL
19 BE INELIGIBLE TO SEEK NOMINATION OR ELECTION TO FILL MORE THAN
20 ONE SUCH VACANCY.] IF TWO OR MORE OPENINGS IN THE OFFICE OF
21 AUDITOR WILL APPEAR ON THE SAME BALLOT, A PERSON SHALL BE
22 INELIGIBLE TO FILE NOMINATING PETITIONS FOR MORE THAN ONE SUCH
23 OPENING AND SHALL BE INELIGIBLE TO BE ELECTED TO FILL MORE THAN
24 ONE SUCH OPENING.
25 SECTION 3. SECTIONS 1915, 3202 AND 3203 OF THE ACT 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 PENSION FUND MAINTAINED FOR THE TOWNSHIP POLICE. THE
10 BOARD OF SUPERVISORS SHALL DETERMINE THE COMPENSATION OF
11 [SPECIAL SCHOOL POLICE] SCHOOL CROSSING GUARDS, TO BE PAID BY
12 THE TOWNSHIP OR JOINTLY BY THE TOWNSHIP AND THE SCHOOL DISTRICT
13 IN A RATIO TO BE DETERMINED BY THE TWO BOARDS. IF THE TOWNSHIP
14 AND SCHOOL DISTRICT CANNOT DETERMINE THE RATIO OF COMPENSATION
15 TO BE PAID BY EACH BOARD, EACH BOARD SHALL PAY ONE-HALF OF THE
16 COMPENSATION OF THE [POLICE] SCHOOL CROSSING GUARDS.
17 (B) THE BOARD OF SUPERVISORS MAY CREATE AN EDUCATIONAL
18 SERVICE AGENCY UNDER SECTION 402.1 OF THE ACT OF DECEMBER 5,
19 1936 (2ND SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE
20 "UNEMPLOYMENT COMPENSATION LAW," TO PROVIDE [SPECIAL SCHOOL
21 POLICE SERVICE] SCHOOL CROSSING GUARDS TO ONE OR MORE
22 EDUCATIONAL INSTITUTIONS [BY THE SCHOOL CROSSING GUARDS
23 APPOINTED] IN CONJUNCTION WITH THE SCHOOL DISTRICT. THE
24 EDUCATIONAL SERVICE AGENCY SHALL SERVE AS THE AGENCY FOR
25 MANAGEMENT AND CONTROL OF THE SCHOOL CROSSING GUARDS.
26 (C) THE BOARD OF SUPERVISORS MAY APPROVE AN ORDINANCE
27 ALLOWING A BOARD OF SCHOOL DIRECTORS TO ASSUME HIRING AND
28 OVERSIGHT OF SCHOOL CROSSING GUARDS. BEFORE THE BOARD OF
29 SUPERVISORS MAY APPROVE SUCH AN ORDINANCE, THE BOARD OF
30 DIRECTORS OF THE SCHOOL DISTRICT SHALL APPROVE A RESOLUTION
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1 REQUESTING THE AUTHORITY TO ASSUME THE HIRING AND OVERSIGHT OF
2 SCHOOL CROSSING GUARDS. THE ORDINANCE SHALL OUTLINE HOW THE
3 POLICE DEPARTMENT WILL PROVIDE ANY NECESSARY TRAINING AND
4 ASSISTANCE OF THE SCHOOL CROSSING GUARDS WHILE ON DUTY. SUCH
5 SCHOOL CROSSING GUARDS WILL BE AUTHORIZED ONLY IN THE MANAGEMENT
6 OF TRAFFIC AND PEDESTRIANS IN AND AROUND AREAS IDENTIFIED BY THE
7 POLICE DEPARTMENT AND THE SCHOOL DISTRICT SUPERINTENDENT OR HIS
8 OR HER DESIGNEES. THE SCHOOL CROSSING GUARDS SHALL NOT COME
9 WITHIN THE CIVIL SERVICE PROVISION OF THIS ACT, NOR SHALL THEY
10 FALL UNDER THE BARGAINING UNIT OF THE SCHOOL DISTRICT NOR AS AN
11 EMPLOYE AS DEFINED UNDER SECTION 1101-A OF THE ACT OF MARCH 10,
12 1949 (P.L.30, NO.14), KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949,"
13 OR UNDER ANY PLANS HEREAFTER EFFECTIVE. ONCE THE ORDINANCE
14 RECEIVES APPROVAL BY THE BOARD OF SUPERVISORS, THE SCHOOL
15 DISTRICT SHALL ASSUME THE COST OF COMPENSATION, INCLUDING FIXING
16 SUCH COMPENSATION, IF ANY, OF THE SCHOOL CROSSING GUARDS.
17 AUXILIARY POLICEMEN, APPOINTED AS PRESCRIBED BY GENERAL LAW, MAY
18 BE HIRED BY THE SCHOOL DISTRICT TO SERVE AS SCHOOL CROSSING
19 GUARDS. THE BOARD OF SCHOOL DIRECTORS SHALL NOTIFY THE BOARD OF
20 SUPERVISORS OF THOSE HIRED TO SERVE AS SCHOOL CROSSING GUARDS
21 AND REQUEST THE NECESSARY TRAINING OR ASSISTANCE BE PROVIDED AS
22 OUTLINED BY THE ORDINANCE.
23 Section 3202. Annual Budget.--(a) The board of supervisors
24 shall annually prepare a proposed budget for all funds for the
25 ensuing fiscal year. The proposed budget shall reflect as nearly
26 as possible the estimated revenues and expenses of the township
27 for the year for which the budget is prepared. A township shall
28 not prepare and advertise notice of a proposed budget when it is
29 knowingly inaccurate. Upon any revision of the proposed budget,
30 if the estimated revenues or expenses in the final budget are
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1 increased more than ten percent in the aggregate or more than
2 twenty-five percent in any major category over the proposed
3 budget, it may not be legally adopted with those increases
4 unless it is again advertised once, the same as the original
5 proposed budget, and an opportunity given to taxpayers to
6 examine the amended proposed budget. A major category is a group
7 of related revenue or expense items, the combined total of which
8 is listed as a line item. [on the annual budget forms furnished
9 by the Department of Community Affairs under section 3203.] The
10 budget shall be prepared on a uniform form prepared and
11 furnished under section 3203. The estimates in the budget shall
12 specify the amount of money necessary for each governmental
13 activity of the township for which a special tax levy may or may
14 not be authorized and the amount of money necessary for the
15 payment of debts and other miscellaneous purposes.
16 (b) Upon the preparation of the proposed budget, the board
17 of supervisors shall give public notice by advertisement once in
18 one newspaper of general circulation in the township that the
19 proposed budget is available for public inspection at a
20 designated place in the township. After the proposed budget has
21 been available for public inspection for twenty days, the board
22 of supervisors shall, after making revisions as are appropriate,
23 adopt the final budget not later then the thirty-first day of
24 December and the necessary appropriation measures required to
25 put it into effect.
26 (c) The total appropriation shall not exceed the revenues
27 estimated as available for the fiscal year. [The board of
28 supervisors shall within fifteen days after the adoption of the
29 budget file a copy of the budget with the Department of
30 Community Affairs.]
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1 (d) During the month of January next following any municipal
2 election, the board of supervisors may amend the budget and the
3 levy and tax rate to conform with its amended budget. A period
4 of ten days' public inspection at the office of the township
5 secretary of the proposed amended budget, after notice by the
6 township secretary to that effect is published once in a
7 newspaper of general circulation in the township, shall
8 intervene between the adoption of the proposed amended budget
9 and the final adoption of the amended budget. Any amended budget
10 must be adopted by the board of supervisors on or before the
11 fifteenth day of February. No proposed amended budget shall
12 before final adoption be revised upward in excess of ten percent
13 in the aggregate or in excess of twenty-five percent of the
14 amount of any major category in the proposed amended budget. A
15 major category is a group of related revenue or expense items,
16 the combined total of which is listed as a line item. [on the
17 annual budget forms furnished by the Department of Community
18 Affairs under section 3203. Within fifteen days after the
19 adoption of an amended budget, the township secretary shall file
20 a copy of it with the Department of Community Affairs.]
21 (e) The board of supervisors may by resolution make
22 supplemental appropriations for any purpose from any funds on
23 hand or estimated to be received within the fiscal year and not
24 otherwise appropriated, including the proceeds of any borrowing
25 authorized by law. Supplemental appropriations may be made
26 whether or not an appropriation for that purpose was included in
27 the original budget as adopted.
28 (f) The board of supervisors may by resolution transfer
29 unencumbered moneys from one township account to another, but no
30 moneys may be transferred from the fund allocated for the
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1 payment of debts or from any fund raised by a special tax levy
2 or assessment for a particular purpose. Transfers shall not be
3 made during the first three months of the fiscal year. No moneys
4 shall be paid out of the township treasury except upon
5 appropriation made according to law.
6 Section 3203. Uniform Report Forms.--(a) The uniform forms
7 for [the annual budget and] the annual financial [statement]
8 report required to be made by the auditors shall be prepared by
9 a committee consisting of four representatives of the State
10 Association of Township Supervisors and one representative each
11 from the Department of Transportation and the Department of
12 Community [Affairs.] and Economic Development.
13 (b) Representatives of the State Association of Township
14 Supervisors shall be appointed by the president of that
15 organization. The representatives may be township supervisors,
16 auditors or secretaries and should represent townships in the
17 various population groups. The president of the State
18 Association of Township Supervisors shall supply to the
19 Department of Community [Affairs] and Economic Development the
20 names and addresses of the representatives immediately upon
21 their appointment.
22 (c) Representatives of the townships shall serve without
23 compensation but shall be reimbursed by the Commonwealth for all
24 necessary expenses incurred in attending meetings of the
25 committee from appropriations made to the Department of
26 Community [Affairs.] and Economic Development. The committee
27 shall meet at the call of the Secretary of Community [Affairs]
28 and Economic Development, or an agent of the secretary, who
29 shall chair the committee.
30 [(d) In preparing the uniform forms, the committee shall
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1 give careful consideration to the fiscal needs and procedures of
2 townships of the various population groups, producing separate
3 forms, if necessary, to meet the needs of townships of varying
4 sizes. The form for annual reports shall contain the information
5 required to be furnished under this act and any other
6 information the committee believes proper and shall be arranged
7 to correlate with the forms for the budget, respecting order of
8 items and division of revenues by major classifications and
9 disbursements by major functions. The committee shall also
10 prescribe the form of the statement summarizing the annual
11 report which is required to be published under this act.]
12 (e) The Department of Community [Affairs] and Economic
13 Development shall prepare and furnish the forms required by this
14 act in cooperation with the committee. If the committee fails to
15 cooperate, the Department of Community [Affairs] and Economic
16 Development shall issue the forms and distribute them annually,
17 as needed, to the proper township officers.
18 Section 2 4. This act shall take effect in 60 days. <--
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