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Number 6
March 21, 2014

www.pacounties.org

LEGISLATIVE BULLETIN

An e-newsletter of the County Commissioners

Association of Pennsylvania

Serving Counties Since 1886

In This Issue

Drug Overdose Prevention Legislation

Flood Insurance Changes Sent to President's Desk

GIS Council Bill Passes Senate

Child Protection Bills

Local Government Week

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DRUG OVERDOSE PREVENTION LEGISLATION

During the week of March 17, both the House and Senate moved bills forward that are key components of CCAP's 2014 priority on prevention of substance abuse and drug overdose.

On March 18, the House Human Services Committee unanimously reported both HB 2090 and HR 659, measures which directly address drug overdose prevention and educational efforts. House Bill 2090, introduced by Rep. Dan Frankel (D-Allegheny) would authorize the Department of Drug and Alcohol Programs (DDAP) to provide law enforcement and emergency responders with information on how to identify a person undergoing an opioid-related drug overdose, and how to properly administer naxalone to a person undergoing such an overdose. In addition, DDAP would include information about the threat of opioid-related drug overdose deaths and ways families can seek treatment for their loved ones as part of its prevention and intervention materials. The bill would also offer liability protection for individuals who administer an opioid antagonist to a person believed to be suffering an opioid-related drug overdose, and includes immunity for individuals seeking help and access to rescue medication (also referred to as Good Samaritan provisions).

Rep. Doyle Heffley (R-Carbon) sponsored HR 659 to establish an advisory committee within the Joint State Government Commission to examine existing laws related to prescribing and dispensing prescription opiate drugs and to make recommendations. The resolution was amended before being reported to include three additional members on the advisory committee.

On the Senate side, the Public Health and Welfare Committee unanimously approved SB 1180, introduced by committee chair Pat Vance (R-Cumberland), to create an electronic prescription drug monitoring program. Dispensers would be required to submit information within 72 hours regarding each controlled substance that is dispensed, identifying the prescriber, the patient, the dispenser, the drug and the method of payment. Prescribers in turn would have to query the program for each new patient and could judge whether they believe a patient may be abusing or diverting drugs. The database would be accessible by prescribers, dispensers and federal and state law enforcement. Prior to being reported, the bill was amended to address information access restrictions, patient notification, referrals of data, and provider and dispenser liability.

In a communication to both committees conveying support for both bills and the resolution, CCAP and its affiliate Pennsylvania Association of County Drug and Alcohol Administrators shared their membership's position that these measures are necessary elements of a comprehensive strategy to address the epidemic of overdose and death that results from the abuse of prescribed opiates. The bills, which now move to the floor of their respective chambers, are also a positive step in creating an awareness of the impact substance abuse has throughout Pennsylvania's communities.

In related news, U.S. Senator Bob Casey on March 19 announced cosponsorship of legislation, S. 1657, to address the heroin and prescription drug abuse crisis at the federal level. The legislation includes prescription drug monitoring programs that would cross state lines, new training for prescribers, increasing appropriate patient screening for potential drug misuse or abuse, grants for states to educate residents on the dangers of prescription drug abuse, and promotion of safe medication disposal.

FLOOD INSURANCE CHANGES SENT TO PRESIDENT'S DESK

The U.S. Senate on March 13 approved legislation by a 72-22 vote to address the impacts of flood insurance premium rate increases under the federal Biggert-Waters Act of 2012 (BW-12), which aimed to make FEMA's National Flood Insurance Program (NFIP) more financially stable by reflecting true flood risk insurance costs in communities. Counties have been analyzing the impacts of the rate increases implemented under BW-12 on individuals, communities, local housing markets, and property tax bases. The Senate vote on H.R. 3370,which earned the support of both Senators Bob Casey and Pat Toomey, came just nine days after the House approved the bill on a 306-91 vote. The bill was delivered to the White House on March 18, and it is anticipated that President Obama will sign the bill into law.

H.R. 3370 would permanently repeal Biggert-Waters' phase-out of grandfathered policies, allowing grandfathering of lower premiums to continue and setting fixed annual caps on premium rate increases. The bill also repeals provisions triggering the full-risk rate at the time a pre-FIRM (Flood Insurance Rate Map) property is sold, effectively doing away with the mechanism that moved properties to the new rates upon sale; the change would ensure point of sale premium insurance rate certainty. There would also be retroactive refunds for BW-12 triggered rate increases already paid by some pre-FIRM policyholders.

The amended legislation also has an affordability goal, requiring FEMA to try to minimize the number of policies with annual premiums that exceed one percent of the total coverage provided by the policy. Further, FEMA would be required to monitor and report the impact of rate increases on small businesses, non-profits, houses of worship and low-income residences, and to make recommendations to address those impacts. The bill as amended includes a $25 annual surcharge for all NFIP primary home policy holders and a $250 annual surcharge on all second homes and businesses, with all revenue from the surcharges going toward a new NFIP reserve fund, established to meet the future obligations of the NFIP.

As part of its priority on waterway infrastructure and maintenance, CCAP will continue to work with federal, state and local partners to develop long-term solutions to address the risks of flooding in the commonwealth. CCAP has also created a Biggert-Waters Analysis and Resources web page that will continue to be updated with information about the implementation of H.R. 3370, along with other flooding-related resources.

GIS COUNCIL BILL PASSES SENATE

The state Senate approved SB 771 to create a joint geospatial information systems (GIS) council by a 48-0 vote on March 11, sending the bill to the House for its consideration. The bill, introduced by Sen. John Gordner (R-Columbia), would create an advisory board to bring together state, local, private and academic entities to provide advice and recommendations to the Governor and the commonwealth on common methodologies and data-sets. By coordinating GIS stakeholders' efforts, an advisory board would help to eliminate needless duplication, improve efficiencies, resolve data sharing conflicts, and offer state and local governments an opportunity to use limited resources more responsibly.

The House has previously approved similar legislation, House Bill 1285, offered by Rep. Bryan Cutler (R-Lancaster). The Senate version, however, modestly changes the makeup of the advisory board in the House bill by adding two voting members, including a seat for a county emergency management employee, but not otherwise changing the existing county representation. CCAP has indicated its support for both the House and Senate bills.

CHILD PROTECTION BILLS

Following on a package of bills making significant updates to the state's child protection laws that was signed into law in late 2013, the General Assembly continues to work on several pieces of legislation addressing remaining recommendations from the Task Force on Child Protection.

Senate Bill 24, sponsored by Sen. Randy Vulakovich (R-Allegheny), which would establish a statewide database for child abuse reports, was approved on a 194-0 vote in the House on March 17. While in the House, the bill was amended to further detail components of the database, including the addition of false reports of child abuse, and expunction of records, and so must return to the Senate for a concurrence vote.

The House Children and Youth Committee also advanced SB 31, sponsored by Sen. Wayne Fontana (D-Allegheny), to the House floor by a unanimous vote on March 12. The bill would eliminate the separate standards for school employees regarding child abuse reporting procedures, requiring them to report any suspected abuse immediately to the state's Childline as well as to the person in charge of the school. In addition, the committee amended the legislation to include language allowing county children and youth agencies the option of releasing information to the public concerning a child who died as a result of suspected or substantiated abuse, prior to the agency completing its fatality report. The provision is similar to authorization currently granted to the Department of Public Welfare. Senate Bill 31 is now before the full House for consideration.

In the Senate, House Bill 316, authored by Rep. Julie Harhart (R-Northampton), received the approval of that body by a unanimous vote. As amended by the Senate, the bill creates a funding mechanism for children's advocacy centers (CACs) by increasing the fee for a birth certificate through the Department of Health from $10 to $20. In the first year of the increase, the additional $10 would be used by DPW for training of mandated reporters and other child abuse related costs; in subsequent years, DPW would retain 25 percent of the additional fee for these purposes, while the other 75 percent would be transferred to the Pennsylvania Commission on Crime and Delinquency for grants to CACs and multidisciplinary investigative teams. The amendments must be concurred in by the House before the bill heads to the Governor's desk.

LOCAL GOVERNMENT WEEK

On March 18, the House of Representatives adopted HR 712, introduced by Rep. Kate Harper (R-Montgomery), chair of the House Local Government Committee, to declare April 14 to 18 as Local Government Week and April 15 as Local Government Day in Pennsylvania. The resolution was adopted on a 201-0 vote.

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