Dear  

On July 31, the Commonwealth Court ruled in counties' favor in Pennsylvania State Association of Jury Commissioners v Commonwealth, denying the jury commissioners' petition for declaratory and injunctive relief regarding Act 4 of 2013. The Court concluded "that Act 4 of 2013 does not violate any of the constitutional provisions upon which the Jury Commissioners rely in seeking to obtain declaratory and injunctive relief."

Act 4 reinstated the option for county commissioners to abolish the office of jury commissioner, which had been overturned when the PA Supreme Court declared the prior authorizing act, Act 108 of 2011, unconstitutional on procedural grounds. Forty-two counties had adopted the abolishment resolution under Act 108; to date, at least 39 counties have adopted or readopted resolutions pursuant Act 4.

The Jury Commissioners Association filed its anticipated appeal to the PA Supreme Court on August 1 which, because the case originated in the Commonwealth Court, the Supreme Court is obligated to take up.

The House Veterans Affairs and Emergency Preparedness Committee is holding a series of hearings around the state during the summer recess, focusing on the rewrite of the 911 Public Safety Emergency Telephone Act. Maintaining and improving 911 services is an ongoing CCAP priority.

As part of a panel with representatives of the Pennsylvania chapters of the Association of Public-Safety Communications Officials (APCO) and the National Emergency Number Association (NENA), CCAP Executive Director Doug Hill shared with the committee the history of 911 services and the critical role counties have played, describing the technical problems and the problems with the subscriber fee structure that have faced the development of the system as new technologies such as wireless communications and VoIP have emerged. He reiterated the Association's call for unified planning, administrative, and funding systems; the latter sufficient to accommodate both operating costs and ongoing capital, database, and technology costs.

Several county officials also provided testimony to the committee, highlighting their 911 operations and the challenges of the current funding system and emerging technologies. Panelists included Delaware County Council chairman David White and council member Mario Civera, Bucks County commissioner Rob Loughery, Chester County commissioner Ryan Costello and Montgomery County commissioner Bruce Castor. The commissioners' and CCAP's testimony can be found on the Government Relations page of www.pacounties.org.

The National Association of Counties (NACo) has requested action by counties in an effort to preserve funding for the Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) programs in the Senate FY 2014 T-HUD Appropriations bill. The Senate began debate on the bipartisan bill during the week of July 22, 2013. 

NACo has been supportive of the $54 billion Senate T-HUD Appropriations bill, which includes $3.15 billion for CDBG and $1 billion for HOME. CDBG is funded at $3.07 billion in the current fiscal year, while HOME is currently at $950 million. The Senate bill's modest increases would help to strengthen the local community as well as economic development and housing programs which are important to counties.

However, the bill failed to get a cloture vote in the Senate prior to the summer recess, necessary to end debate. Leadership in the House also pulled its T-HUD Appropriations bill, funded about $10 billion less than the level in the Senate version, from the floor due to a lack of votes, which was attributed to opposition to the huge cuts for CDBG and transportation programs.  

With Congress in recess until September 9, counties are asked to invite their congressional delegation to see the local projects funded with CDBG and HOME money. Other resources to assist counties in making contacts on these important programs can be found at www.naco.org, including Legislative Briefs on each program.

Governor Corbett recently signed into law SB 351, allowing municipal authorities to engage in storm water planning and projects. CCAP's legislative platform supports this statutory authority to assist counties in managing storm water and meeting their storm water planning goals.

Act 68 of 2013 allows a new authority to be created for the purpose, or for the powers of an existing authority to be expanded to undertake specified projects. In particular, Act 68 clarifies that municipal authorities have the power to construct, rehabilitate and maintain storm water management facilities.

To fund projects, storm water authorities will be able to borrow money and to impose assessments on property owners. Authorities can also acquire property by eminent domain for projects. Any authority already engaged in a storm water control project as part of a combined sewer system, sanitary sewer system or flood control project may continue to manage that project.  

The House Tourism and Recreational Development Committee held a hearing on July 31 to gather input on several bills related to the county hotel tax. Because the authority for counties to levy a hotel tax evolved in a piecemeal fashion, the allowable rates currently differ among counties, and the allowable uses of the funds, while focusing primarily on promotional efforts, also encompass varying negotiated capital uses for individual counties.

CCAP Executive Director Doug Hill testified at the hearing, noting that today most counties have adopted a hotel tax and most have done so in a cooperative spirit with their tourism promotion agencies and the local industry. Counties believe the statute should retain the flexibility intended when the original language was developed, including a valid process of local negotiation and collaboration, with the use of the funds directed toward the larger goal of enhancing tourism.

On the issue of hotel tax collection, Hill explained that the Association supports state collection of the tax, which is currently remitted to the county treasurer, to assure greater uniformity and reduced paperwork for the industry. Appropriate tools are also needed for uniform and equitable collection, including determination of covered facilities and statutory capacity to audit facility records.

In addition, the impact of business use of the 30-day rule, after which hotel stays are considered temporary residence and thus exempt from county and state taxes, has been re-emphasized with the influx of workers for the shale gas industry. Hill suggested a residency definition be used instead of a determination based on the number of days. Counties also believe uniformity should be promoted among tax rates, and that an increase in the allowable rate is justified. A standard statutory framework for use of hotel tax funds should be provided, with specific uses determined locally.

Industry representatives, who testified on the same panel as Hill, indicated support of a uniform statewide rate of 7 percent, noting concerns with loss of state funding. They expressed concern, however, with use of funds for anything other than promotion.

CCAP members are reminded that the Association maintains on its website a list of Acts affecting county government, which has been updated to reflect the recent actions of the General Assembly up to the July recess.

Additionally, CCAP has posted a mid-year status report on activities related to counties' 2013 priorities. Recent legislative action on human services system reform, the state budget, the Human Services Block Grant, transportation funding and prevailing wage are included in the updated report along with links to relevant legislation.

These materials, as well as other information and resources on CCAP's legislative advocacy work, can be found on the Government Relations page of www.pacounties.org.