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        Number 12
 June
13, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
911 Wireless Fee Reauthorization
Budget Process Underway
Waters of the U.S.
Housing Affordability Hearing
Local Tax Collectors
 
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911 WIRELESS FEE REAUTHORIZATION 

 

Legislation to extend the June 30 sunset of the 911 wireless fee is now moving quickly through the General Assembly in both the House and Senate. On June 4, the House Veterans Affairs and Emergency Preparedness Committee reported HB 2275, a bill that provides a simple extension of the wireless sunset to June 30, 2015, by a unanimous vote. That bill is poised for a final vote in the House the week of June 16. At the same time, the Senate Veterans Affairs and Emergency Preparedness Committee reported identical legislation, SB 1377, on June 3. The Senate approved that bill on a 49-0 vote on June 9, and it now moves to the House.

 

CCAP supports the legislation as it becomes increasingly apparent that a comprehensive rewrite of the 911 statute cannot be achieved by June 30. The extension allows breathing room as negotiations continue on a solution to provide both meaningful reform and funding levels that will allow counties to meet the challenges of public expectations for next generation systems.    

BUDGET PROCESS UNDERWAY

 

With the introduction of HB 2328, legislation that will act as the vehicle for the commonwealth General Fund budget, the House has begun the formal process for FY 2014-2015. The bill as written does not represent any formal proposal, but instead uses the line items from the current fiscal year as a place holder while negotiations continue on a final spending plan. Although the House Appropriations Committee reported the bill on June 11 with no amendment on a party line vote, with Republican members voting in favor and Democratic members voting against, movement of the budget bill and related proposals are largely procedural at this time. The House is expected to take the next procedural step the week of June 16, as representatives may file amendments for floor debate expected Tuesday or Wednesday.

 

House and Senate leaders are continuing discussions with the Governor's office behind the scenes, faced with the task of re-crafting a budget that recognizes as much as $1.5 billion less in available funds than was anticipated by Gov. Corbett in February. The decline in revenues is attributed to a continuing and significant trend of state revenues falling short of projections in FY 2013-2014 coupled with revised projections for FY 2014-2015.

 

Meanwhile, legislative consideration has begun on reforming the state and school district pension systems, a key component of the Governor's overall plan to reduce spending for the coming year. Attempts to move a robust reform bill were unsuccessful the week of June 9, and a scaled back proposal may be considered in the House the week of June 16. Additionally, a revised liquor reform proposal may see some movement, after being stalled over the past several years.

 

While the net effect on counties of revisions to the Governor's spending plan are not yet known, counties continue to share with legislators and the administration their concerns about the unsustainability of further cuts to county-based human services programs. Over the past 12 years, counties have seen a steady decline in funding support from state and federal sources at the same time they are experiencing increasing case loads and seeing more complex service delivery problems. On top of this ongoing trend, county human services block grant lines were reduced by 10 percent in FY 2012-2013, a cut that was maintained in the FY 2013-2014 budget.

 

CCAP members have selected restoration of human services funding over the next three budget cycles as a priority for 2014. Counties experience the impact of program cuts firsthand, in increased jail populations, child welfare caseloads, substance abuse problems and in the overdose crisis that is sweeping the state and country. Despite the impact of underfunding on human services, counties remain committed to assuring that communities effectively spend those increasingly inadequate resources on programs and services that reduce the potential for more costly and intensive service needs down the road.

 

Counties ask House and Senate members to avoid cuts to county human services line items as they work to resolve the budget challenges. Additional analysis of the FY 2014-2015 budget and information about county human services line items are available on the CCAP Budget News and Updates web page.

WATERS OF THE U.S.  

            

The Environmental Protection Agency (EPA) and Army Corps of Engineers have announced that the comment period on the proposed federal redefinition of Waters of the U.S. has been extended by 90 days to October 20, 2014. The redefinition expands the range of waters that fall under federal jurisdiction.

 

CCAP had submitted a joint request with the Pennsylvania Association of Township Supervisors and the Pennsylvania Municipal Authorities Association to extend the deadline, originally July 21, mirroring a similar request made by the National Association of Counties (NACo), the National League of Cities and the U.S. Conference of Mayors. In addition, on June 11 NACo provided testimony to the House Transportation and Infrastructure Committee's Subcommittee on Water Resources and the Environment, outlining challenges that the proposed rule would present for counties and public agencies. NACo has also unveiled a new information hub for counties seeking resources to take action on the proposal.

 

Counties could feel a major impact as the distinction between bodies of water like rivers and lakes and roadside ditches is eliminated and more waters become federally protected and subject to new rules or standards. Further, because many other programs under the Clean Water Act use this definition, the impact of the proposed rule is likely to extend to county-owned and maintained roadside ditches, flood control channels, drainage conveyances, storm water systems, and green infrastructure construction and maintenance.

 

CCAP is in the process of drafting more comprehensive comments that will detail the impact of the proposal on counties. Counties wishing to comment individually on the local impact of the Waters of the U.S. proposal can find sample materials and analysis on NACo's website or by going to CCAP's Legislative Action Center
.

HOUSING AFFORDABILITY HEARING 

            

The Senate Urban Affairs Committee held a hearing June 11 on the Pennsylvania Housing Affordability and Rehabilitation Enhancement (PHARE) Fund. The PHARE program, also known as the State Housing Trust Fund, is currently funded with Act 13 impact fees and was established to help local communities meet housing needs. 

 

The committee heard success stories from Greene County Commissioner Charles Morris, as well as representatives of the Sullivan County Housing Authority, Westmoreland County Department of Planning and Development, and Lycoming County Planning Commission. Each of these counties has unconventional gas wells within its borders, required for eligibility for PHARE funds. Morris explained to the committee that PHARE funding has been instrumental in his county, allowing them to expand affordable accessible housing options through innovative projects. He cited a pilot rental rehabilitation program where landlords may apply for grants from the county to rehabilitate blighted property; once the properties are habitable, the landlords must work with the county's human services department and rent the properties for a period of time to county-referred individuals in need of housing. Morris' full testimony can be viewed on CCAP's Testimony and Advocacy web page.

 

Additional testimony was offered by Brian Hudson, director of the Pennsylvania Housing Financing Agency, which manages the PHARE program, and Liz Hersh, director of the Housing Alliance of Pennsylvania. Hersh described a proposal recently introduced by Sen. Elder Vogel (R-Beaver), SB 1380, that would expand the Housing Trust Fund statewide by using a portion of realty transfer tax revenue beyond that budgeted for the Fund. The proposal would provide a revenue stream allowing all counties and communities in Pennsylvania to benefit from affordable housing programs, similar to those described by the testifying counties.

LOCAL TAX COLLECTORS 

            

The House recently gave overwhelming support to legislation addressing training and qualifications for local tax collectors, approving HB 1590 on a 187-8 vote. The legislation, 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 candidate for the office to submit a criminal history check to the county board of elections as part of the nominating petition and enumerates several crimes for which conviction would render an individual ineligible for the office. Write-in candidates would be required to submit a background check to the county board of elections within 30 days of certification of the vote.

 

Prior to the final floor vote, the House adopted two amendments, the first a technical amendment offered by Rep. Scavello to assure the background check would be requested by the individual candidate and not by the county. The other amendment, offered by Rep. Ryan Mackenzie (R-Lehigh), proposed language prohibiting payment of taxes to an account in, or including, an individual's name, but allowing taxes to be payable to an account including the name of an office, title or position. A local government would have to provide wording in its tax notices indicating to whom the payment must be made. The Mackenzie amendment was adopted unanimously. House Bill 1590 now goes to the Senate for its consideration.

 

In addition, the House approved Rep. Rick Saccone's (R-Allegheny) HB 2166 by a 185-10 vote, to assure that no person who formerly held the office of tax collector retains tax collection records for more than 60 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. That bill also goes to the Senate.

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Contact Us: Douglas E. Hill Executive Director, CCAP