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        Number 9
 
May 2, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
Bleak Numbers May Retool The Budget
Senate Hearing on Transfer of Court Employees
Prescription Drug Monitoring Bill Moves Forward
Federal Transportation Proposal
Medical Information Sharing in Child Abuse Investigations
Hearing on Assessment of Mobile Homes
 
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BLEAK NUMBERS MAY RETOOL THE BUDGET 

 

Media reports indicate that Governor Corbett may put revised budget numbers before the General Assembly - as much as $800 million below his February proposal - in reaction to a continuing and significant trend of revenues falling short of projections. The next set of estimates, due out from the Department of Revenue and from the Independent Fiscal Office (IFO) as this Bulletin goes to press, are reported to show the Commonwealth more than $400M below expectations for the current fiscal year, and represent the fourth consecutive month of revenues falling short.

 

The Governor's $29.4 billion proposal represented more than $925 million in increased spending, and anticipated a four percent growth in the state's economy over the year. The budget also relies on several legislative initiatives and cost savings, still pending, as well as Federal acceptance of the Healthy PA proposal and new revenue from natural gas leases and other sources. (See the CCAP Budget News web page for additional information.)

 

Figuring into the equation as well will be the projections for the 2014-2015 fiscal year that are also soon to be released by the IFO, estimates the Office is required by statute to produce as an aid to the General Assembly's budget deliberations.    

SENATE HEARING ON TRANSFER OF COURT EMPLOYEES

 

The Senate Judiciary Committee held a hearing on April 29 regarding SB 1215, which would transfer prothonotaries and clerks of courts to the state. CCAP supports the legislation as part of its priority on commonwealth responsibility for court funding. CCAP deputy director Brinda Carroll Penyak explained the history behind the legislation, based on a 1987 Supreme Court ruling that found a lower court system funded by 67 different counties created an inherently unequal system of justice and called for the state to take over funding and administration of the lower courts. To date only transfer of the court administrator and certain deputies to the commonwealth payroll has been completed.

 

Senate Bill 1215, introduced by Sen. Don White (R-Indiana), would undertake the next recommended step by transferring prothonotaries and clerks of court as well. The costs incurred by the Administrative Office of Pennsylvania Courts (AOPC) for the take-over would be met by reductions in the total per-judicial position funding received by counties, and would be budget neutral for both the state and counties. The current office holder would be given a choice of maintaining the office or transferring to state employment, but the proposal would eventually result in the repeal of the elected positions.

 

Representatives of the AOPC also testified in support of SB 1215, saying that the legislation is a logical evolution for further improvement of the court system. The AOPC also indicated that having clerks and prothonotary offices

along with the court administrator's office under the president judge's supervision will create a stronger, more cohesive county court management structure.

 

Several county clerks of courts also testified, some indicating support for the bill on the basis of its cost-savings potential and streamlined operations, and others questioning the tax savings and efficiencies and objecting to moving the duties to an appointed position.

 

CCAP's testimony can be found on the Government Relations web page under Testimony and Advocacy
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PRESCRIPTION DRUG MONITORING BILL MOVES FORWARD 

            

The Senate Appropriations Committee has reported legislation to create an electronic prescription drug monitoring program, which is a key element of a comprehensive strategy to address the epidemic of overdose and death that results from the abuse of prescribed opiates, and is a CCAP legislative priority.

 

Senate Bill 1180, introduced by Sen. Pat Vance (R-Cumberland), would require prescription drug dispensers to submit timely information to a statewide database regarding each controlled substance dispensed. 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 also be accessible by dispensers and law enforcement. The committee unanimously approved an amendment to the bill, addressing additional patient protections, and reported the bill as amended with Sen. Jim Ferlo (D-Allegheny) the only dissenting vote.

 

In a communication to both committees conveying support for the bill, CCAP and its affiliate Pennsylvania Association of County Drug and Alcohol Administrators shared their memberships' position that the measure is a positive step in creating awareness of the impact of substance abuse throughout Pennsylvania.

FEDERAL TRANSPORTATION PROPOSAL 

            

With the expiration of MAP-21 quickly approaching on Sept. 30 and the Highway Trust Fund nearing bankruptcy, a long-term federal surface transportation bill was unveiled April 29 by U.S. Department of Transportation Secretary Anthony Foxx. The proposal, the Grow America Act, is a $302 billion, four-year surface transportation reauthorization.

 

According to Secretary Foxx's press release, key points of the Grow America Act include addressing the shortfall in the Highway Trust Fund by providing an additional $87 billion to reduce the nation's backlog of deficient bridges and aging transit systems, increasing safety across all modes of surface transportation, providing certainty for local and state governments for long-term planning, and reducing project approval and permitting timelines while delivering better outcomes.

 

The National Association of Counties (NACo) issued a statement applauding the Administration for its leadership in producing a long-term transportation bill. A week earlier, NACo sent a joint letter with the National Council of County Association Executives (CCAP was a co-signer) and the National Association of County Engineers asking the chairs of the Senate Committee of Environment and Public Works and the House Committee on Transportation and Infrastructure to work expeditiously to pass a long-term reauthorization of MAP-21 that supports county surface transportation priorities
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MEDICAL INFORMATION SHARING IN CHILD ABUSE INVESTIGATIONS 

            

The House Children and Youth Committee held a hearing on April 29 to discuss SB 27, a bill that would require an additional exchange of information between county children and youth agencies and licensed medical practitioners. CCAP affiliate Pennsylvania Children and Youth Administrators (PCYA) submitted written testimony seeking clarification of the role of county agencies.

 

The bill would require county agencies to send a letter to a child's physician each time there is an investigation or assessment, another letter with the assessment results, and a copy of the family service plan for each child with an active case. PCYA's comments noted that county agencies already collaborate with medical professionals in the shared goal of a child's well-being, and if there is a cause to contact a child's primary care physician, the agency does so. Providing such information in every case would increase the administrative burden for county agencies, and also compound the issue of expunction if a report is unfounded since counties would be tasked with notifying all practitioners involved of the need to expunge information from their records.

 

Additional testimony was offered by Sen. Bob Mensch (R-Montgomery), the bill's prime sponsor, as well as David Heckler, chair of the Task Force on Child Protection. Dr. Cindy Christian, medical director of the Philadelphia Department of Human Services, noted information is shared between medical practitioners and county agencies already but there is a need to strengthen the framework, while Cathy Utz, acting deputy secretary for the Department of Public Welfare, noted the Department's support for improving communication between physicians and county agencies to assist in early identification and treatment of child abuse. Other testifiers expressed concern with medical records being accessed by county agencies when there is suspected abuse, violation of privacy if the reports are unfounded, and potential breaches of the physician-patient relationship.

 

Senate Bill 27 unanimously passed the Senate in October, but has not been scheduled for a vote in the House
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HEARING ON ASSESSMENT OF MOBILE HOMES 

            

CCAP and its affiliate Assessors Association of Pennsylvania (AAP) provided testimony recently to the House Local Government Committee on HB 161. As introduced by Rep. Dan Moul (R-Adams), the bill would require assessors to consider the value of a mobile home or manufactured home as listed in a national guide book to arrive at its assessed value, as well as any depreciation of the unit and the ability of the home to be transported.

 

CCAP director of government relations Lisa Schaefer explained that the primary objective of the assessment system is to maintain fairness and equity among taxpayers which, in the context of the constitution's uniformity clause, means all property owners must be taxed at uniform values relative to other property owners. CCAP opposes HB 161 as drafted because it violates the principle of uniformity, requiring mobile homes to be valued in a different manner and with different methodologies than other properties. Schaefer said counties often do reference the national guide book, but as one of several approaches to value.

 

Joan Righter Price, solicitor for AAP and the Montgomery County Board of Assessment, emphasized that a mobile home must be assessed as real estate, rather than the guide's personal property approach. She also said location and other adjustments must be taken into account and the national guide is primarily useful as a starting point. In addition, JR Hardester, Lawrence County chief assessor, explained that counties must be able to consider all three approaches to value - cost, market and income - as they do with all properties, while the original version of HB 161 relies exclusively on the cost approach.

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Contact Us: Douglas E. Hill Executive Director, CCAP