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        Number 10
 
May 16, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
IFO Releases Preliminary FY 2014-2105
Recording of Oil and Gas Leases
House Moves Assessment Amendment
Local Tax Collectors
Senate Moves TRID Legislation
CCAP Resolutions Process
 
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Dear  

                             

IFO RELEASES PRELIMINARY FY 2014-2015 

 

On May 1, the state's Independent Fiscal Office (IFO) released initial revenue projections for FY 2014-2015, as required by statute. For FY 2014-2015, revenues are projected to be $29.5 billion, a 3.5 percent increase, based on improved economic growth, including a stronger labor market and acceleration in consumer spending.

 

The IFO also released revised FY 2013-2014 revenue estimates, coming in $608 million lower than projections they issued at the beginning of the fiscal year. The IFO noted that some of the events that contributed to the FY 2013-2014 shortfall are one-time occurrences, and their 2014-2015 forecast therefore assumes a return to more normal revenue patterns. Relative to the Executive Budget presented by Gov. Corbett in February, the IFO projections are $569 million lower for FY 2013-2014 and $778 million lower for FY 2014-2015, for a two-year difference of $1.35 billion. However, these amounts exclude proposed legislative initiatives, cost savings, and new revenue from natural gas leases and other sources.

 

As reported in the May 2 Bulletin, a continuing and significant trend of state revenues falling short of projections is adding to an already tight state budget outlook for FY 2014-2015. In early May, the Department of Revenue reported it had collected $328.3 million less than anticipated in General Fund revenue in April, bringing fiscal-year-to-date collections $424.5 million below estimate. Revenue Secretary Dan Meuser indicated much of the April shortfall is attributed to personal income tax collections being well below estimate, which stems from larger than anticipated impacts of federal tax increases which took effect on Jan. 1, 2013.

 

Media reports indicate that Gov. Corbett may revise his budget numbers - as much as $800 million below his February proposal - while potentially asking the General Assembly to find another $400 million in reductions, although no new proposals have yet been made public.

 

Additional information, including analysis, fact sheets and advocacy resources, are available on the CCAP Budget News and Updates web page, with updates as the June 30 deadline to complete a FY 2014-2015 budget draws nearer. Counties are encouraged to continue to advocate for county budget priorities and to share with legislators how state funding trends, both current and historic, are impacting county services.    

RECORDING OF OIL AND GAS LEASES

 

On April 30 the House approved HB 942 by a 195-2 vote, addressing how oil and gas leases are recorded by counties. The legislation, introduced by Rep. Sandy Major (R-Susquehanna), was amended by the House on April 29, to allow a recorder of deeds to refuse to accept an oil or gas document containing or incorporating more than 50 leases, and require an oil or gas document with multiple leases to include an addendum listing each lease contained in the document and related information. A county that has not adopted a uniform parcel identifier (UPI) system would be able to assess a $6 fee for each listed lease, while a county which has adopted the UPI system receiving a document with multiple leases could not adopt the $6 fee, but could adopt other fees including a fee for certification of each parcel number. The bill has since been referred to the Senate Environmental Resources and Energy Committee.      

HOUSE MOVES ASSESSMENT AMENDMENT 

            

The House Local Government Committee on May 7 unanimously reported HB 2131, legislation which would correct an error in the Consolidated County Assessment Law (CCAL). In January 2014, the Commonwealth Court issued an opinion in the case of Pedersen v. Monroe County Board of Assessment Appeals, affirming that a shed could not be taxable under the plain language of the CCAL because it was not a "building permanently attached to the land or connected with water, gas, electric or sewage facilities" as outlined under section 8811(a). The case brought to light an inadvertent drafting error caused by the merger of language from the prior assessment statutes, which was simply meant to be a reduction of the multiple laws into a single statute; any changes in language were designed to provide uniformity among the various previous statutes. A review of the legislative history indicates that the movement of language highlighted in the Pedersen case was an editorial decision, rather than an intent to change the interpretation of the statute.

 

Unless the CCAL is clarified, the Pedersen case has the potential to affect assessments, and ultimately all property taxpayers, throughout the commonwealth, as there are many other examples of buildings that would arguably not be assessable or taxable under the decision. House Bill 2131, introduced by Rep. Chris Ross (R-Chester) will address the issue by effectively returning the state's assessment laws to prior practice. The bill now moves to the full House for consideration. Sen. John Eichelberger (R-Blair) has introduced companion legislation, SB 1322, in the Senate.

LOCAL TAX COLLECTORS 

            

Two bills addressing local tax collectors were recently reported by the House Local Government Committee. House Bill 1590, offered by Rep. Mario Scavello (R-Monroe), would require all tax collectors to complete the Department of Community and Economic Development training and certification program, which is currently voluntary, before taking the oath of office. In addition, the bill requires a criminal history check for anyone running for the office of tax collector, and enumerates several crimes for which conviction would render an individual ineligible for the office.

 

The committee unanimously adopted an amendment to HB 1590, including language requested by CCAP regarding submission of the background check. As introduced, the bill would have required the county board of elections to determine whether an individual's background check meets the qualifications to be placed on the ballot. The amendment, offered by committee chair Rep. Kate Harper (R-Montgomery), instead assures the process will comport with current levels of county responsibility by making the background check part of the nominating petition filing and subject to objections by a challenger in the same way as other information in the petition.

 

Another amendment offered by minority chair Rep. Bob Freeman (D-Northampton) was also adopted, to require winning write-in candidates to submit a criminal background check to the county board of elections within 30 days of certification of the vote. However, a second amendment by Rep. Freeman, which would have required any check or money order for paying taxes to be made payable in the name of the taxing district and in the name of the tax collector, and would have required the payment to be deposited directly into an account under the name of the taxing district, failed, with all Democratic committee members and Rep. Greg Lucas (R-Erie) voting for the amendment. House Bill 1590 was reported as amended with no negative votes.

 

In addition, the committee reported Rep. Rick Saccone's (R-Allegheny) HB 2166, to assure no person who formerly held the office of tax collector retains tax collection records for more than 30 days after the newly elected or appointed tax collector takes the oath of office. If a former tax collector does not comply, a taxing district or the new tax collector could bring a civil proceeding against that individual to compel the turnover of tax collection records. The committee adopted Rep. Harper's amendment to increase the timeframe for turnover of records to 60 days before unanimously reporting the bill.

SENATE MOVES TRID LEGISLATION 

            

On May 6, the Senate Transportation Committee unanimously reported SB 1210, sponsored by Sen. Dominic Pileggi (R-Delaware), to amend the Transit Revitalization Investment District (TRID) Act. TRIDs are a tool local governments can use to spur community development and economic growth by directing incremental tax revenues toward transit station improvements and bike and walkway connections, to establish walkable communities with convenient mass transit options.

 

At an April hearing, the committee heard that while there is interest in creating TRIDs across the commonwealth, and 14 TRID planning studies have been completed to date, only one resulted in creation of a TRID. While part of the outcome was attributable to a decline in development during economic downturns, it also pointed to needed clarifications in the law and additional financing tools to make such projects feasible. Accordingly, Senate Bill 1210 would make several changes to the TRID Act, including specifying that a county could undertake a TRID planning study on its own (not just as the designated planning agency of a municipality), and thereby obtain the same priority consideration for grants and technical assistance from DCED as municipalities. In addition, the bill provides clarity on circumstances in which a planning study may be amended to account for changing economic conditions, and provides a more flexible timetable for execution of a TRID development plan.

 

To address the need for further financing tools, SB 1210 permits a taxing body to dedicate a portion of the incremental tax revenues generated by new real estate investments within the TRID for infrastructure improvements, rather than the entire amount as currently required. The bill would also create a new state funding mechanism by allowing a TRID management entity to apply to DCED to have a portion of state taxes generated within the TRID set aside for purposes of funding grants or low-interest loans for eligible projects. The TRID Fund would also serve to leverage private investment by requiring those revenues to be matched with private dollars at a two to one ratio.

 

Senate Bill 1210 has been referred to the Senate Appropriations Committee for a fiscal note.

CCAP RESOLUTIONS PROCESS 

            

CCAP policy committees will be holding their annual conference call meetings to consider resolutions amending the PA County Platform throughout the month of June, in anticipation of a membership discussion and vote in conjunction with the CCAP Annual Conference in early August. County officials are encouraged to review the Platform and to send any proposed resolutions to CCAP Government Relations staff or discuss with policy committee chairs.

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Contact Us: Douglas E. Hill Executive Director, CCAP