Legislation to restore authority for county commissioners to abolish the office of jury commissioner is now before Governor Corbett for signature, following rapid approval in the Senate and House. The Governor has until May 9 to sign the bill, and the act would take effect immediately upon signature.

Sponsored by Senator Lloyd Smucker (R-Lancaster), SB 808 would reverse the March 14 decision of the PA Supreme Court declaring Act 108 of 2011 in violation of the constitution's single subject rule. The bill was introduced April 4, approved in the Senate by a 38-12 vote on April 16, and passed in the House on April 24, 155-40.

The legislation would reinstate the provisions of Act 108, although removing that Act's prohibition against action to abolish the office in the year jury commissioners are on the ballot, thus allowing adoption of a resolution by the county commissioners this year. Under Act 108, 42 counties had taken action to abolish the office. Once SB 808 is signed, any county choosing to abolish the office at the end of the current term will need to readopt its resolution.

CCAP expresses its appreciation to Sen. Smucker, and to Rep. RoseMarie Swanger who introduced comparable legislation (HB 1199) in the House. The Association also expresses gratitude to the Senate and House leadership for the Legislature's prompt action on the bill. 

Senate Bill 436, legislation extending the life of the state's voting standards, is on its way to the Governor's desk to be signed into law. Under current law, the state's Voting Standards Development Board sets uniform standards as to what constitutes a valid vote cast through both paper ballot and electronic voting systems, pursuant to the federal Help America Vote Act of 2002. The current law was scheduled to sunset after the 2012 elections and SB 436, as originally introduced by Sen. Lloyd Smucker (R-Lancaster), would have removed the sunset date and extended the current standards indefinitely.

After unanimous approval in the Senate in March, the House State Government Committee adopted an amendment that the extension applies indefinitely unless another category of voting system is approved by the Department of State, at which time the standards must be revisited. The House unanimously approved the amended version on April 22, and the Senate unanimously concurred on April 30. 

The House Aging and Older Adult Services Committee held an informational meeting recently to discuss the impact on the Department of Aging and the state's 52 Area Agencies on Aging (AAAs) if the hold harmless provision were removed from the funding distribution formula, as proposed by Rep. Scott Petri (R-Bucks) in HB 149.

AAAs provide a variety of services to assist older adults and their caregivers, including access to community-based alternatives to nursing home placement. Counties often coordinate human service programs with those provided by the AAAs.

During the hearing, Rep. Petri explained that the current formula considers a wide range of demographic factors to establish funding allocations. However, current law also assures that no AAA receives less in state funds in a given year than it received in the prior program year, regardless of decreases in their senior population.

Representatives of several AAAs participated in the hearing, explaining the importance of funding for those they serve and how the removal of the hold harmless clause could impact different areas of the state. Mildred Morrison, Allegheny County AAA administrator, said the hold harmless provision has enabled the AAA to serve additional older adults and to support a broader base of services to those individuals. Najaa Orr, director of the Bucks County AAA, explained that if HB 149 were enacted, his agency could see a 42 percent increase in badly needed funding. Agency director Trula Hollywood noted that the Luzerne-Wyoming Area AAA currently has no waiting list, but services have been placed on hold until the full fiscal year funding determination has been made, and a decrease in allocation would likely create a waiting list situation. Others advocated that HB 149 not be considered in a vacuum, but as part of a broader review of funding and allocation needs.

The House Tourism and Recreational Development Committee has reported legislation that would expand protections for landowners from liability for injuries sustained by recreational users of their property.

House Bill 544, introduced by Rep. Dan Moul (R-Adams), addresses some of the ambiguities in current law and also makes other changes to encourage more property owners to preserve their land for open space and recreational uses. The bill broadens the definitions of recreational use to include bridges, fishing piers and other activities. In addition, HB 544 would award attorney fees and direct costs to a landowner found not to be liable for an injury, in an attempt to protect landowners from frivolous litigation while preserving remedies for those truly aggrieved by a conscious disregard of the safety of recreational users.

During the meeting, Rep. Mark Longietti (D-Mercer) offered two amendments, one to remove the provision for attorney fees and court costs and the other to create an exception for the payment of attorney fees and court costs if a minor has a beneficial interest in the case. Both amendments were defeated by an 8-14 vote, with Democratic members supporting the amendments and Republicans opposing. The bill was then reported as committed 14-8, this time with Republican members voting for the bill and Democratic members voting against.