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        Number 8
April 18
, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
Child Protection Bills Signed into Law
Indigent Defense Bill Reported
EPA, Army Corps Release Draft Regulations
Resolutions and Platform Revision
 
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Dear  

                             

CHILD PROTECTION BILLS SIGNED INTO LAW 

 

Gov. Corbett has signed seven more bills into law as part of the child protection package. On April 7 HB 316, authored by Rep. Julie Harhart (R-Northampton), became Act 28 of 2014, creating a funding mechanism for children's advocacy centers (CACs) by increasing the fee for a birth certificate through the Department of Health, while HB 89, sponsored by Rep. Ron Marsico (R-Dauphin), now Act 27, will use remaining monies in the DARE Fund for grants for CACs. In addition, the Governor signed Act 29 (SB 24, sponsored by Sen. Randy Vulakovich, R-Allegheny), establishing a statewide database for child abuse reports and clarifies investigative procedures.

At a Montgomery County bill signing on April 15, the Governor signed four bills. House Bill 431 (Rep. Mauree Gingrich, R-Lebanon), now Act 31, requires 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, and requires operators of facilities which care for children, employees who have direct contact with children, foster parents, and caregivers in family day care homes to also meet training requirements. House Bill 436, authored by Rep. Todd Stephens (R-Montgomery), now Act 32, increases penalties for failure to report suspected child abuse and clarifies protections for confidential and privileged communications made to clergy members and attorneys in the case of suspected child abuse. Act 33 (SB 21, Sen. Kim Ward, R-Westmoreland) expands the list of mandated reporters and further clarifies when and how such reports must be made, and Act 34 (SB 33, Sen. Bob Mensch, R-Montgomery), provides whistleblower protections to persons who report child abuse.

Additional details about these Acts Affecting County Government are on CCAP's Government Relations web page.    

INDIGENT DEFENSE BILL REPORTED

 

The Senate Judiciary Committee recently reported Senate Bill 979 to create a statewide Center for Effective Indigent Defense Legal Representation that would provide education and training for public defenders. The bill responds in part to findings of the Joint State Government Commission, which con­ducted a study on indigent defense under SR 42 of 2007. County participation on the study team provided an opportunity to express concerns and assist in the development of recommendations that are sensitive to the ability of counties to meet obligations for the costs of the court system and indigent defense.

 

Senate Bill 979 also appropriates $1 million to the Center for FY 2014-2015; during the committee meeting, bill sponsor and Committee chair Sen. Stewart Greenleaf (R-Montgomery) pointed out that counties currently provide the bulk of the funds for indigent defense and that Pennsylvania is the only state that does not provide a state appropriation for the purpose. In a memo to the Committee, CCAP expressed its support for the bill, indicating its provisions are consistent with the SR 42 study recommendations and will result in better trained public defenders, positive impacts on the systems of justice, and improved societal outcomes. An amendment was adopted to clarify that the appropriation supplements, and may not supplant, any current state or local funds provided for indigent defense. The amended bill was reported on an 8-6 vote
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EPA, ARMY CORPS RELEASE DRAFT REGULATION 

            

The U.S. Environmental Protection Agency and Army Corps of Engineers have released a prepublication draft regulation expanding the definition of "Waters of the U.S." under the federal Clean Water Act (CWA). The term "Waters of the U.S." is a key phrase used within the CWA to determine what waters are considered "navigable waters" and fall under federal CWA oversight as opposed to state oversight. Any water not a "water of the U.S." is generally not required to follow CWA requirements.

 

Although the regulation is primarily geared to the CWA's Section 404 dredge and fill program, there is only one "Waters of the U.S." definition in the CWA, so it may also impact a number of other CWA programs such as National Pollutant Discharge Elimination System (NPDES), total maximum daily load (TMDL) and other water quality standards programs, the state water quality certification process, or Spill Prevention, Control and Countermeasure (SPCC) programs.

 

Further details can be found in the NACo County News. CCAP is evaluating the draft regulation, along with NACo, in the context of its 2014 priority on waterway infrastructure and maintenance, which calls for a review of state and federal laws and regulations to improve and streamline programs and standards. Counties are encouraged to share examples of specific impacts at pacountiesgr@pacounties.org.

RESOLUTIONS AND PLATFORM REVISION   

            

The following resolutions were adopted following the CCAP 2014 Spring Conference. Under the Association's new bylaws procedure, they were considered at the Conference business meeting on March 25, 2014, and then were submitted to the full CCAP membership by electronic ballot. Balloting opened on March 31, 2014, and closed on April 10, 2014. The resolutions amend the Pennsylvania County Platform, the Association's cumulative policy statement. The Platform is available on the CCAP website, www.pacounties.org.

 

RESOLUTION NO. 1 (The resolution, which related to collection of union dues, was withdrawn from consideration at the request of the sponsoring county and so is not adopted and is not added to the Platform.)

 

RESOLUTION NO. 2 (Submitted by the CCAP Election Reform Committee) - The Association supports provisions in all amendments to the Election Code to provide realistic and adequate implementation time for new laws, procedures and systems.

 

      

Historically, legislation affecting the conduct of elections has often had effective dates that either conflict with the election calendar or leave insufficient time for administrative implementation. The resolution calls for adoption and recognition.

 

 

 

RESOLUTION NO. 3 (Submitted by the CCAP Election Reform Committee) - The Association supports changes in election law and practice that would:

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d.      Include in the polling place school-use mandate all schools that receive state instructional funding, and designate the date of the primary and general election as school in-service days to support the closing of schools that are used as polling places.

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g.      Provide uniform standards for submission and placement of referendum questions, including a 90 day deadline for submission to the county board of elections.

h.      Make the requirement of newspaper advertising for the Election Proclamation discretionary, allowing counties instead to place the notice on the county website or other electronic publication.

i.       Clarify or correct the definition of "separate ballot" for judicial retentions, to allow printing the retention ballot on the face (as space permits) or back side of the regular ballot.

j.       Set an extended and uniform 90 day standard for the deadline for special elections for vacancies in municipal office.

k.      Allow the county board of elections to make appointments to vacancies on local election boards; and

l.       Make the overseer petition provision workable in Philadelphia by eliminating the requirement for concurrent assent by all law judges.

 

The changes include a number of recommendations for amendments to the Election Code and election practice offered in the report of the CCAP Election Reform Committee.

 

  

 

RESOLUTION NO. 4 (Submitted by the CCAP Election Reform Committee) - The Association supports an amendment to the Election Code to reduce or eliminate petition requirements for judge of election and inspector of elections.

 

The resolution calls for reduction or elimination of petition requirements for the listed minor offices, to facilitate access to the ballot for those offices.

 

 

RESOLUTION NO. 5 (The resolution, which related to write-in candidates, was rejected by the membership and so is not adopted and is not added to the Platform.)

 

  

RESOLUTION NO. 6 (Submitted by the CCAP Human Services Committee) - The Association supports ongoing allocation of Commonwealth resources to all counties at appropriations levels that continually assure that mental health, drug and alcohol, and intellectual disabilities base dollars are sufficient to meet structural and programmatic administrative needs, even as sources that pay the cost of services evolve.

 

 

Governor Corbett has proposed the use of federal dollars available to states under the Affordable Care Act to purchase insurance coverage for low income individuals as an alternative to expanding Medicaid program eligibility. Additionally, if in the alternative Medicaid is expanded, more individuals may be covered for services that counties sometimes provide through base funds. However, there is an ongoing and growing need for base funds to be assured to counties to provide administrative and structural support for county programs, and in some cases, to provide for services for those who do not qualify for either Medicaid or state funded insurance programs. The resolution supports an ongoing commitment to funding these base line items so that counties have the resources to perform the required duties, regardless of the evolution of service systems.

 

 

 

 

RESOLUTION NO. 7 (Submitted by the CCAP Human Services Committee) - The Association supports convening a task force of key stakeholders to develop a comprehensive solution to the crisis of overdose related deaths, along with support for an emergency appropriation to assure resources are available to deploy emergency measures across the state.

 

Counties across the state report increasing incidences of drug overdose deaths, including deaths from prescription overdoses. Financial resources to combat drug abuse have been dwindling, and without a rapid influx of dollars and a broad based approach developed with the involvement of all key stakeholders, this scourge will continue to destroy lives and families. The task force would be comprised of counties and their key partners, and would be charged with determining an appropriate level of funding to be requested to support the comprehensive strategy being advanced.

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Contact Us: Douglas E. Hill Executive Director, CCAP