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Number 2
January 24, 2014

www.pacounties.org

LEGISLATIVE BULLETIN

An e-newsletter of the County Commissioners

Association of Pennsylvania

Serving Counties Since 1886

In This Issue

Counties Unveil 2014 Priorities

Senate Committee Approves Sheriff Training Bill

Voter ID Ruling

Congress Approves FY2014 Omnibus Spending Bill

Flood Insurance Premium Increases Delayed

Maintenance Costs For Delinquent Property

Gov. Corbett Budget Address Set For February 4

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COUNTIES UNVEIL 2014 PRIORITIES

On Jan. 16, the CCAP leadership gathered in Harrisburg to unveil a list of ten county government legislative priorities for 2014 that call on state lawmakers to give counties the tools to provide efficient delivery of important services to state residents. The announcement, delivered in a Capitol media event, was followed by a meeting with Gov. Corbett that included detailed review of the priorities.

The counties' top priority is 911 services system reform, highlighting significant challenges in meeting rapidly changing technology requirements, a funding stream whose failure to keep pace with need requires counties to rely heavily and increasingly on the property tax, and the pending June 30, 2014, sunset of one key funding source, the wireless telephone surcharge. CCAP is working on a comprehensive rewrite of the Public Safety Emergency Telephone Act of 1990 with the Pennsylvania Emergency Management Agency, legislative committees, emergency management professionals, the communications industry and other interests. Central to this effort is a strategic Next Generation plan, which includes accommodation of current and future communications devices as well as improvements in system efficiency. Outcomes will include ability to accommodate all current communication technologies including social networking platforms, ability to anticipate and fold in future technologies, consolidation of some elements of the system, and improvement in and consolidation of funding streams.

The 2014 priorities reflect counties' commitment to improving county governance and to ensuring they can continue to provide a full spectrum of services to the Commonwealth's citizens. Rounding out the list of priorities are human services funding and further system reform, prevailing wage reform, transportation, infrastructure and bridge funding implementation, inmates with mental illness and substance abuse issues, revenue opportunities and tax fairness, commonwealth responsibility for court funding, prevention of substance abuse and drug overdose, waterway infrastructure and maintenance, and district attorney funding.

More information about the counties' priorities is available at www.pacounties.org by clicking on "2014

Legislative Priorities" under Legislative Quick Links.

SENATE COMMITTEE APPROVES SHERIFF TRAINING BILL

Legislation requiring sheriffs to obtain the same certification as deputies was unanimously reported by the Senate Judiciary Committee on Jan. 14. Senate Bill 1158, authored by Senator Bob Robbins (R-Mercer), would require all sheriffs elected after the effective date of the act who do not already hold certification as a deputy sheriff to obtain the education, training and certification, and to continue to meet the continuing education requirements thereafter.

The training under the Deputy Sheriff Education and Training Certification program would be funded by the state through the same set of fines and fees as currently pays for deputy training. CCAP expressed support for the bill, calling it an appropriate policy change which will improve the qualifications and skills of elected and appointed sheriffs at no additional cost to counties, and will lead to more professionally operated sheriff offices.

The bill also allows the Deputy Sheriffs' Education and Training Board to revoke a deputy sheriff's certification under certain circumstances, including conviction for a felony or first or second degree misdemeanor, dismissal from employment for cause, determination that the person is physically or psychologically unfit to perform the duties of the office, or the person committed misconduct rendering him unfit to perform the duties of the office.

VOTER ID RULING

The state's Commonwealth Court on Jan. 17 ruled that the state's voter identification law (Act 18 of 2012), violates the state Constitution by imposing an unreasonable burden on voters.

Act 18 requires all Pennsylvania voters to furnish a form of photo identification which includes the name, photo and an expiration date. In addition to IDs issued by state or federal government, private college and care facility IDs are acceptable, as well as municipal IDs issued to municipal employees. A preliminary injunction of implementation of Act 18 was previously issued by the Commonwealth Court in October 2012.

The opinion by Judge Bernard McGinley struck down the voter ID requirement on the grounds that state officials failed to meet the law's requirement to provide "liberal access" to required identification cards, and thus violated the Pennsylvania Constitution's guarantee of a fundamental right to vote. However, Judge McGinley rejected the plaintiffs' argument that the law also violates the U.S. Constitution's equal protection clause, finding the challengers failed to show state officials set out with the intent to discriminate against certain voters.

At press time, the Governor's office had not yet determined what action it would take to seek reconsideration or appeal of the decision. The Department of State will be issuing guidance to counties on conduct of the May primary in the event the ruling is appealed, as well as advice to three counties holding a special election on January 28 for a House vacancy and another with a Senate special election on March 18. The ruling does not affect ID requirements for absentee ballot applications.

CONGRESS APPROVES FY2014 OMNIBUS SPENDING BILL

House and Senate appropriators released a $1.012 trillion omnibus spending package (H.R. 3547) on Jan. 13 that would fund the federal gov

government through the remainder of FY 2014. The omnibus measure cleared Congress on Jan. 16, averting any threat of a government shutdown through Sept. 30. The bill provides an overall 2.6 percent increase in discretionary spending from the FY 2013 levels; under the Budget Control Act (which set the sequester into motion), spending for FY 2014 was scheduled to fall to $967 billion. A detailed analysis of the impact on counties can be found at the National Association of Counties (NACo) website, www.naco.org.

The omnibus includes more than $1.8 billion for the Substance Abuse Prevention and Treatment Block Grant, with appropriators including language sought by NACo that blocks the agency from redirecting a portion of the block grant to research and evaluation. An addition $484 million is allocated for the Mental Health Block Grant, a $47 million increase over FY 2013 levels, and requiring a new five percent set-aside for early intervention programs for persons with serious mental illness such as psychosis. Negotiators also included more than $100 million in funding for the President's "Now is the Time" initiative, which was developed to support mental health programs in response to the Newtown tragedy. The Community Services Block Grant, which had been a target for cuts, is funded at $710 million, the same as FY 2013 pre-sequestration levels.

The Justice Reinvestment Initiative receives $27.5 million, a significant increase of almost $22 million more than the amount allocated in FY 2013, intended to accommodate additional state participation and enhance implementation in existing JRI states. The omnibus also provides $3.03 billion for the Community Development Block Grant (CDBG) program, which is $211 million less than the 2013 pre-sequestration level. Further, the omnibus includes $41 billion in obligations from the Highway Trust Fund for the programs authorized by MAP-21, and $8.6 billion is included for mass transit. Another $600 million is allocated for the TIGER grant program, which provides funding for highway, bridge, rail and port infrastructure investments.

Absent from the agreement was funding for PILT (Payments in Lieu of Taxes) for federal lands; while most important in western states, 42 Pennsylvania counties receive payments, which in some counties hosting significant federal acreage are the equivalent of a mill or more in county taxes. Negotiators are working to restore PILT funding as a part of the pending Farm Bill.

FLOOD INSURANCE PREMIUM INCREASES DELAYED

The federal omnibus budget bill also contains several policy riders, including language prohibiting the Federal Emergency Management Agency (FEMA) from spending any funds to enforce Section 207 of the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12) until Sept. 30, 2014. While clarifications are still being sought on how FEMA will interpret this language, the intent is to temporarily delay flood insurance premium increases for properties impacted by remapping under BW-12. If these properties are sold, however, the delay in rate increases would no longer apply. The delay also does not apply to homes and businesses that experienced rate increases on Oct. 1, 2013. Other legislation is currently before Congress (S. 1846 and H.R. 3370) which would delay the rate increases for four years. CCAP is working closely with its NACo partners in support of the bills, as well as a longer-term resolution to flood insurance needs.

MAINTENANCE COSTS FOR DELINQUENT PROPERTY

The House of Representatives has unanimously approved HB 1230, amending the Real Estate Tax Sale Law to allow county tax claim bureaus to recover at upset sale costs incurred by the county for property rehabilitation and maintenance. Recovery would be prior to other distributions under the law. The change would assist counties in addressing safety and maintenance of the property, or other improvements reasonably necessary to improve the property's sale-ability. The legislation now goes to the Senate for consideration.

GOV. CORBETT BUDGET ADDRESS SET FOR FEBRUARY 4

Gov. Tom Corbett will address a joint session of the PA House and Senate on Tuesday, Feb. 4, to offer his budget proposal for the 2014-2015 fiscal year. In his meeting with CCAP leadership, the Governor indicated it would be another tight budget, highlighted by funding pressures for pensions and formula-driven reductions in federal Medicaid funding. Prior to the address, CCAP will be providing members with information on where to view the budget address and how to obtain copies of Gov. Corbett's remarks and budget proposal. More information will also be available on the CCAP Budget News and Updates page.

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