PRIOR PRINTER'S NO. 1311 PRINTER'S NO. 2464
No. 1158 Session of 1999
INTRODUCED BY BARD, ROSS, 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 June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," PROVIDING FOR SCHOOL CROSSING GUARDS; further <--
5 providing for budget forms, for filing copies and for uniform
6 forms; and making editorial changes.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1701 and 1701.1 of the act of June 24, <--
10 1931 (P.L.1206, No.331), known as The First Class Township Code,
11 reenacted and amended May 27, 1949 (P.L.1955, No.569) and
12 amended or added August 11, 1967 (P.L.213, No.74) and December
13 14, 1967 (P.L.819, No.351), are amended to read:
14 SECTION 1. SECTION 1416 OF THE ACT OF JUNE 24, 1931 <--
15 (P.L.1206, NO.331), KNOWN AS THE FIRST CLASS TOWNSHIP CODE,
16 REENACTED AND AMENDED MAY 27, 1949 (P.L.1955, NO.569) AND
17 AMENDED DECEMBER 7, 1965 (P.L.1044, NO.392), IS AMENDED TO READ:
18 SECTION 1416. [SPECIAL POLICE] SCHOOL CROSSING GUARDS.--(A)
19 THE BOARD OF TOWNSHIP COMMISSIONERS, BY RESOLUTION, MAY APPOINT
1 [SPECIAL POLICE] SCHOOL CROSSING GUARDS WHO SHALL [HAVE THE DUTY
2 OF CONTROLLING AND DIRECTING TRAFFIC AT OR NEAR SCHOOLS AND
3 CHURCHES, AND WHO SHALL BE IN UNIFORM AND SHALL DISPLAY A BADGE
4 OR OTHER SIGN OF AUTHORITY, AND WHO SHALL BE VESTED WITH ALL OF
5 THE POWERS OF LOCAL POLICE OFFICERS.] BE AUTHORIZED ONLY IN THE
6 MANAGEMENT OF TRAFFIC AND PEDESTRIANS. SUCH [POLICE] SCHOOL
7 CROSSING GUARDS SHALL SERVE AT THE PLEASURE OF THE BOARD OF
8 TOWNSHIP COMMISSIONERS, EXCEPT AS PROVIDED IN SUBSECTION (B),
9 AND SHALL NOT COME WITHIN THE CIVIL SERVICE PROVISIONS OF THIS
10 ACT, NOR SHALL THEY BE ELIGIBLE TO JOIN ANY POLICE PENSION FUND
11 MAINTAINED FOR THE TOWNSHIP POLICE. THEIR COMPENSATION SHALL BE
12 FIXED BY THE BOARD OF TOWNSHIP COMMISSIONERS AND THEY SHALL BE
13 PAID BY THE BOARD OF TOWNSHIP COMMISSIONERS, OR JOINTLY BY THE
14 BOARD OF TOWNSHIP COMMISSIONERS AND THE BOARD OF SCHOOL
15 DIRECTORS IN A RATIO TO BE DETERMINED BY THE TWO BOARDS. IF THE
16 BOARD OF TOWNSHIP COMMISSIONERS AND BOARD OF SCHOOL DIRECTORS
17 ARE UNABLE TO DETERMINE THE RATIO OF COMPENSATION OF THE
18 [POLICE] SCHOOL CROSSING GUARDS TO BE PAID BY EACH BOARD, EACH
19 SUCH BOARD SHALL PAY ONE-HALF OF THE COMPENSATION OF SUCH
20 [POLICE] SCHOOL CROSSING GUARDS WHO SHALL HAVE THE DUTY OF
21 CONTROLLING AND DIRECTING TRAFFIC AT OR NEAR SCHOOLS.
22 (B) THE BOARD OF TOWNSHIP COMMISSIONERS MAY APPROVE AN
23 ORDINANCE ALLOWING A BOARD OF SCHOOL DIRECTORS TO ASSUME HIRING
24 AND OVERSIGHT OF SCHOOL CROSSING GUARDS. BEFORE THE BOARD OF
25 TOWNSHIP SUPERVISORS MAY APPROVE SUCH AN ORDINANCE, THE BOARD OF
26 DIRECTORS OF THE SCHOOL DISTRICT SHALL APPROVE A RESOLUTION
27 REQUESTING THE AUTHORITY TO ASSUME THE HIRING AND OVERSIGHT OF
28 SCHOOL CROSSING GUARDS. THE ORDINANCE SHALL OUTLINE HOW THE
29 POLICE DEPARTMENT WILL PROVIDE ANY NECESSARY TRAINING AND
30 ASSISTANCE OF THE SCHOOL CROSSING GUARDS WHILE ON DUTY. SUCH
19990H1158B2464 - 2 -
1 SCHOOL CROSSING GUARDS WILL BE AUTHORIZED ONLY IN THE MANAGEMENT
2 OF TRAFFIC AND PEDESTRIANS IN AND AROUND AREAS IDENTIFIED BY THE
3 POLICE DEPARTMENT AND THE SCHOOL DISTRICT SUPERINTENDENT OR HIS
4 OR HER DESIGNEES. THE SCHOOL CROSSING GUARDS SHALL NOT COME
5 WITHIN THE CIVIL SERVICE PROVISION OF THIS ACT, NOR SHALL THEY
6 FALL UNDER THE BARGAINING UNIT OF THE SCHOOL DISTRICT NOR AS AN
7 EMPLOYE AS DEFINED UNDER SECTION 1101-A OF THE ACT OF MARCH 10,
8 1949 (P.L.30, NO.14), KNOWN AS THE "PUBLIC SCHOOL CODE OF 1949,"
9 OR UNDER ANY PLANS HEREAFTER ENACTED. ONCE THE ORDINANCE
10 RECEIVES APPROVAL BY THE BOARD OF TOWNSHIP COMMISSIONERS, THE
11 SCHOOL DISTRICT SHALL ASSUME THE COST OF COMPENSATION, INCLUDING
12 FIXING SUCH COMPENSATION, IF ANY, OF THE SCHOOL CROSSING GUARDS.
13 AUXILIARY POLICEMEN, APPOINTED AS PRESCRIBED BY GENERAL LAW, MAY
14 BE HIRED BY THE SCHOOL DISTRICT TO SERVE AS SCHOOL CROSSING
15 GUARDS. THE BOARD OF SCHOOL DIRECTORS SHALL NOTIFY THE BOARD OF
16 TOWNSHIP COMMISSIONERS OF THOSE HIRED TO SERVE AS SCHOOL
17 CROSSING GUARDS AND REQUEST THAT THE NECESSARY TRAINING OR
18 ASSISTANCE BE PROVIDED AS OUTLINED BY THE ORDINANCE.
19 SECTION 2. SECTIONS 1701 AND 1701.1 OF THE ACT, AMENDED OR
20 ADDED AUGUST 11, 1967 (P.L.213, NO.74) AND DECEMBER 14, 1967
21 (P.L.819, NO.351), ARE AMENDED TO READ:
22 Section 1701. Fiscal Year; Annual Budget; Regulation of
23 Appropriations.--(a) The fiscal year in townships of the first
24 class shall commence on the first day of January of each year.
25 (b) The board of township commissioners shall each year, at
26 least thirty days prior to the adoption of the annual budget,
27 begin preparation of a proposed budget for all funds showing an
28 estimate of the several amounts of money which will be required
29 for the several specific purposes of township government and
30 expenses for the ensuing fiscal year, and by ordinance
19990H1158B2464 - 3 -
1 appropriate, out of the revenues available for the year, the
2 specific sums required as shown by the budget as finally
3 adopted. At the option of the township commissioners, such
4 budget may be prepared and adopted prior to the first Monday of
5 January of the fiscal year to which such budget shall apply.
6 Whenever the township commissioners shall exercise such option,
7 the first reading of the budget shall take place in November and
8 the budget shall be finally adopted in the month of December
9 prior to the fiscal year to which such budget shall apply. Said
10 budget shall reflect as nearly as possible the estimated
11 revenues and expenditures of the township for the year for which
12 the budget is prepared. It shall be unlawful to prepare and
13 advertise notice of a proposed budget when the same is knowingly
14 inaccurate. Where, upon any revision of the budget, it appears
15 that the estimated expenditures in the adopted budget will be
16 increased more than ten percent in the aggregate, or more than
17 twenty-five percent in any individual item, over the proposed
18 budget, it shall be presumed that the tentative budget was
19 inaccurate, and such budget may not be legally adopted with any
20 such increases therein unless the same is again advertised once,
21 as in the case of the proposed budget, and an opportunity
22 afforded to taxpayers to examine the same and protest such
23 increases. The tax levied by the township commissioners shall be
24 fixed at such figure within the limit allowed by law, as with
25 all other sources of revenue will meet and cover said
26 appropriations. The total appropriation shall not exceed the
27 revenues available for the fiscal year. If the funds available
28 from taxation and other sources shall be estimated to be in
29 excess of the requirements of the ensuing fiscal year, an
30 appropriation may be made for the payment of township orders or
19990H1158B2464 - 4 -
1 indebtedness of the previous years. A budget adopted in the
2 December prior to the fiscal year to which the budget applies
3 may be amended.
4 [The budget shall be prepared on a uniform form prepared and
5 furnished as provided in section one thousand seven hundred and
6 one A of this act.] Final action shall not be taken on the
7 proposed budget until after at least ten days public notice. The
8 proposed budget shall be published or otherwise made available
9 for public inspection at least twenty days prior to the date set
10 for the adoption of the budget. The township commissioners after
11 making such revisions and changes therein, as appear advisable,
12 shall adopt the budget not later than the thirty-first day of
13 December.
14 (c) The township commissioners may at any time by resolution
15 make supplemental appropriations for any lawful purpose from any
16 funds on hand or estimated to be received within the fiscal year
17 and not appropriated to any other purpose, including the
18 proceeds of any borrowing now or hereafter authorized by law.
19 (d) The township commissioners shall have power to authorize
20 the transfer within the same fund of any unencumbered balance,
21 or any portion thereof, from one spending agency to another, but
22 such action shall be taken only during the last nine months of
23 the fiscal year. However, when a transfer of over five percent
24 of an appropriation item is made within a fund, or when a
25 transfer of over five percent of the total appropriation to a
26 fund is made from said fund to another fund, an affirmative vote
27 of two-thirds of the township commissioners shall be required.
28 [(e) Within fifteen days after the adoption of the budget,
29 the township commissioners shall file a copy of the same in the
30 office of the Department of Community Affairs.]
19990H1158B2464 - 5 -
1 Section 1701.1. Amending Budget; Notice.--During the month
2 of January next, following any municipal election, the
3 commissioners of any township may amend the budget and levy and
4 tax rate to conform with its amended budget. A period of ten
5 days' public inspection at the office of township secretary of
6 the proposed amended budget after notice by the township
7 secretary to that effect is published once in a newspaper, as
8 provided in section 110 of this act, shall intervene between the
9 proposed amended budget and the adoption thereof. Any amended
10 budget must be adopted by the township commissioners on or
11 before the fifteenth day of February.
12 No such proposed amended budget shall be revised upward in
13 excess of ten percent in the aggregate thereof, or as, to an
14 individual item in excess of twenty-five percent of the amount
15 of such individual item in the proposed amended budget.
16 [Within fifteen days after the adoption of an amended budget,
17 the township secretary shall file a copy thereof in the office
18 of the Department of Community Affairs.]
19 Section 2 3. Section 1701a of the act, amended October 5, <--
20 1967 (P.L.345, No.148), is amended to read:
21 Section 1701a. Committee to Prepare Uniform Forms.--Uniform
22 forms for the annual reports of township auditors and
23 controllers to the Department of Community [Affairs] and
24 Economic Development, as required in sections 1003 and 1103 of
25 this act, [and the uniform form for the annual budget, as
26 required in section 1701,] shall be prepared by a committee
27 consisting of four representatives from the Pennsylvania State
28 Association of Township Commissioners and the Secretary of
29 Community [Affairs] and Economic Development, or his agent who
30 shall be a person trained in the field of municipal finance.
19990H1158B2464 - 6 -
1 Such representatives shall be appointed by the president of
2 said organization within sixty days after the effective date of
3 this act. As far as possible, such representatives shall be
4 chosen to represent townships in the various population groups
5 within the range of townships of the first class. The president
6 of said organization shall supply to the Department of Community
7 [Affairs] and Economic Development the names and addresses of
8 such representatives immediately upon their appointment.
9 Said representatives shall serve without compensation, but
10 they shall be reimbursed by the Commonwealth for all necessary
11 expenses incurred in attending meetings of the committee. The
12 committee shall meet at the call of the Secretary of Community
13 [Affairs] and Economic Development, or his agent, who shall
14 serve as chairman of the committee.
15 It shall be the duty of the Secretary of Community [Affairs]
16 and Economic Development, or his agent, to see to it that the
17 forms required by this act are prepared in cooperation with said
18 committee. In the event that said committee should for any
19 reason fail to furnish such cooperation, the Secretary of
20 Community [Affairs] and Economic Development, or his agent,
21 shall complete the preparation of the forms. After their
22 preparation, he shall issue said forms and distribute them
23 annually, as needed, to the proper officers of each township.
24 Section 3 4. This act shall take effect in 60 days. <--
A26L73MRD/19990H1158B2464 - 7 -