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        Number 7
April 4
, 2014

www.pacounties.org

LEGISLATIVE BULLETIN
An e-newsletter of the County Commissioners
Association of Pennsylvania

 

Serving Counties Since 1886
In This Issue
911 Priority Update
County Pension Law Clarification
District Attorney Vacancy Legislation
Senate Panel Holds Hearing on Indigent Defense
Prescription Drug Advisory Committee
Child Protection Bills
 
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911 PRIORITY UPDATE

 

Counties have established reauthorization and reform of the 911 emergency telephone system as the top county legislative priority for 2014. The 911 system faces significant challenges to meet rapidly changing technology requirements, a funding stream whose failure to keep pace with need requires counties to rely both heavily and increasingly on the property tax, and the June 30, 2014, sunset of one key funding source, the wireless telephone surcharge.

 

CCAP has been actively working over the last year with the Pennsylvania Emergency Management Agency (PEMA), legislative committees, emergency management professionals (including the National Emergency Number Association, NENA, and the Association of Public-Safety Communications Officials, APCO), the communications industry and other interests to develop a comprehensive legislative proposal. While the legislation is still about a week away from introduction, substantive agreement has been reached on most elements of the bill and legislative sponsorship has been arranged. The legislation provides for comprehensive system reform, keying off PEMA's Next Gen strategic plan and improvements in system efficiency. Objectives 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.

 

Next come strategic considerations, impacted in part by the short time line remaining until the June 30 wireless funding sunset. To achieve passage, counties are asked to educate their legislative delegations on system needs, including review of existing operations, requirements to make additional capital and software improvements to accommodate next generation technologies, trends in revenues received from the dedicated subscriber fees, and the nature and extent of the county's reliance on the property tax to backfill for insufficient funding. The CCAP Board, at its March 23 meeting, asked that counties provide this education in the context of legislative delegation tours of the county 911 facilities.

 

Two focal points will be system efficiencies and subscriber fees. Counties are supporting system efficiencies, including removal of outdated statutory requirements that impede efficient administration, and incentives for consolidation of core system functions. Two groups of counties already are building out consolidated broadband backbones, and others are in planning stages for similar improvements. The subscriber fee structure is also under review; the current structure is a monthly surcharge on wireline, wireless (standard and pre-paid) and VoIP subscribers, ranging from $1.00 to $1.50 per month for wireline, and set at $1.00 per month for wireless and VoIP. The wireline fees have not changed since passage in 1990 and the wireless and VoIP fees, although adopted later, were keyed to the 1990 wireline rates.

 

The intent of the original law was to fully fund counties' eligible 911 costs, with a presumption that counties would have an initial capital cost to install the systems, and then the funds would be used for system operation and periodic equipment replacement. What was unforeseen was the onslaught of technological change. Capital costs, unanticipated in both their size and their frequency, increasingly require local property tax dollars to backfill the shortfall in subscriber fees. The need to address the funding stream is immediate, and will reach crisis proportions if action is delayed past the June 30 expiration of the wireless telephone subscriber surcharge

COUNTY PENSION LAW CLARIFICATION

 

The Senate Finance Committee has taken action to clarify language in the County Pension Law relative to the calculation of cost of living adjustments for retirees. Senate Bill 1078, sponsored by Sen. Sean Wiley (D-Erie), would allow the county to grant a limited COLA, keyed to just the most recent year. Current law obligates counties at least once every three years to examine whether to grant a COLA, which may be granted "in accordance with the cost-of-living-index at the time of the review." The vagueness of this language has led to interpretation that if a COLA is applied it is to be retroactive to the last time a COLA was granted. For most counties, the COLA is infrequently granted, and so going back to the last COLA and compounding forward can yield an unsupportable increase in the benefit. Senate Bill 1078, by permitting a limited COLA, does not require retroactive application to the last COLA adjustment. The change would allow a county that has fund capacity to grant much-needed benefit adjustments without the adjustments being excessive and without the adjustments imperiling the solvency of the fund.

 

The committee unanimously reported the legislation, moving it to the full Senate for further review.      

DISTRICT ATTORNEY VACANCY LEGISLATION 

            

Two bills to standardize the process for filling vacancies in the office of district attorney have cleared the Senate Local Government committee. Senate Bills 1219 and 1220, both introduced by former CCAP member Ted Erickson (R-Delaware), would amend the Second Class County Code and the act providing for election of district attorneys (which impacts Philadelphia) respectively, and were unanimously approved by the Senate Local Government Committee on April 1.

 

Under the bills, if a vacancy occurs in the office by death, resignation or removal from office, the first assistant district attorney would become the district attorney. That individual would remain as district attorney until the first Monday in January following the next municipal election that occurs at least 90 days after the vacancy occurs. If the first assistant district attorney is unwilling to serve, the judge of common pleas would fill the vacancy by appointment, and that individual would serve for an identical period of time. Vacancies are currently filled using this procedure in fourth through eighth class counties, while in second and third class counties the judge of common pleas fills any vacancy for the duration of the unexpired term. The process in home rule counties varies according to the provisions of their charters.

 

Two companion bills, HB 1903 and 1904, introduced by Rep. Mauree Gingrich (R-Lebanon), would amend the County Code and Title 53 (impacting home rule counties). The bills were scheduled for a vote by the House Local Government Committee on April 2 but were ultimately held over for consideration at a later date.

SENATE PANEL HOLDS HEARING ON INDIGENT DEFENSE   

            

The Senate Judiciary Committee recently held a hearing on SB 979, offering education and training resources for public defenders.

 

CCAP provided written comments in support of the bill, offered by committee chair Stewart Greenleaf (R-Montgomery), in context of the Association's priority on commonwealth responsibility for court funding. The Association noted that it participated in the study on indigent defense pursuant to Senate Resolution 42 of 2007, and that SB 979 is consistent with the recommendations of that study. At the same time, CCAP argued that while the bill would assure a means of improving representation of indigent defendants, the underlying pressures and inequities for counties in operating 67 county-based, separately run and resourced judicial systems must also be addressed. Several county public defenders, including those from Bradford, Centre and Montgomery counties, offered their support for the bill as well. They further noted that state resources are needed to train public defenders because the only current funding comes from grants funded by the Pennsylvania Commission on Crime and Delinquency (PCCD). CCAP's full comments can be found on the Testimony and Advocacy web page.

PRESCRIPTION DRUG ADVISORY COMMITTEE   

            

The House of Representatives took final action on a resolution to establish a task force to examine the proliferation of opioid prescription drugs, approving House Resolution 659 unanimously on April 1. Rep. Doyle Heffley (R-Carbon) sponsored the resolution, which will 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 within a year. The resolution addresses a key component of CCAP's 2014 priority on prevention of substance abuse and drug overdose. CCAP and its affiliate Pennsylvania Association of County Drug and Alcohol Administrators communicated their support for the resolution to the House, reiterating 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.

CHILD PROTECTION BILLS   

            

Momentum continues as the General Assembly finalizes a number of bills to address remaining recommendations from the Task Force on Child Protection. Several bills have now moved to the Governor's desk after recent action in the General Assembly, including SB 24, sponsored by Sen. Randy Vulakovich (R-Allegheny). The bill, which would establish a statewide database for child abuse reports, received a 48-0 concurrence vote in the Senate on April 1. In addition, after unanimous votes in both the House and Senate in the first days of April, HB 431, sponsored by Rep. Mauree Gingrich (R-Lebanon), is also headed to the Governor's desk. The bill will require mandated reporters to complete at least three hours of approved child abuse recognition and reporting training before obtaining or renewing a professional license through the PA Department of State. Operators of facilities which care for children and employees who have direct contact with children, foster parents and caregivers in family day care homes, will also have to meet training requirements. Finally, House Bill 316, authored by Rep. Julie Harhart (R-Northampton), garnered a 197-5 vote on concurrence in the House on March 31, and also awaits the Governor's signature. 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.

 

In addition, on April 1 the House unanimously approved SB 33, sponsored by Sen. Bob Mensch (R-Montgomery). The bill provides whistleblower protections to persons who report child abuse, and now needs a concurrence vote in the Senate before going to the Governor's desk.

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Contact Us: Douglas E. Hill Executive Director, CCAP