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        Number 17
 August 22
, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
Resolutions and Platform Revision
 
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Dear  

                             

RESOLUTIONS AND PLATFORM REVISION

 

The following resolutions were adopted following the CCAP 2014 Annual Conference. Under the Association's bylaws procedure, they were considered at the Conference business meeting on August 5, 2014, and then were submitted to the full CCAP membership by electronic ballot. Balloting opened on August 11, 2014, and closed on August 21, 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. The list will be continued in subsequent editions of the Bulletin, and is also available on the CCAP website.

 

RESOLUTION NO. 1 (Submitted by Potter County) -

The Association supports legislation to dedicate a percentage of the receipts in the Department of Conservation and Natural Resources Oil and Gas Lease Fund to provide an additional payment in lieu of taxes to counties, school districts and municipalities with state-owned lands.

 

 

As part of an initiative to advance legislation to secure a portion of state royalty payments for local governments impacted by tax-exempt state park and forest lands, there have been discussions regarding the proposed distribution of revenues to counties, municipalities and school districts. Removing the focus on those jurisdictions that host a natural gas well would maximize the benefit for all taxing bodies adversely affected by the presence of state-owned land, not just those where drilling is occurring.

 

 

 

RESOLUTION NO. 2 (Submitted by the CCAP

Assessment and Taxation Committee) - The Association supports, as a matter of equity for local bricks and mortar retailers and in recognition of changing purchasing habits among the general public, federal authorization and state implementing legislation providing for collection of sales and use taxes on Internet sales and in the meantime supports Department of Revenue efforts to collect currently-applicable use taxes from PA residents who purchase over the Internet.

 

 

 

      The resolution consolidates two previously     

      existing planks.

 

 

 

RESOLUTION NO. 3 (Submitted by the CCAP Assessment and Taxation Committee) - The Association supports amendments to update and streamline the Real Estate Tax Sale Law that include the following elements:

 

 

a.Consolidates delinquent tax collection and tax sale procedures into one statute;
     b.
Maintains upset sale procedures in addition to judicial sale procedures;
c.
Shortens the time frames for exposure of a property to upset sale to the first year of delinquency rather than the second year;
d.Allows increased use of internet technology, including maintenance of dockets and publication of notices;
e.
Replaces the five percent commission retained from collections by the bureau with a separate five percent delinquency fee to be retained by the county for administrative costs; and
f.

Increases allowable fees and charges to reflect inflation.

 
The Association has been actively involved in legislative efforts to rewrite and consolidate the Real Estate Tax Sale Law for clarity and efficiency. The resolution reflects discussions between the Assessment and Taxation Committee and the Tax Claim Bureaus Association on those issues to be addressed by this effort.

 

 

 

RESOLUTION NO. 4 (Submitted by the CCAP Courts and Corrections Committee) - The Association supports legislation to amend the Deputy Sheriffs' Education and Training Program authorizing statute to remove provisions which permit excess funds to be transferred for Commonwealth General Fund purposes.

  

  

The Deputy Sheriffs Education and Training Fund was created to cover the costs for training and certification of county sheriffs and deputy sheriffs. The fund is derived from fees collected as a surcharge on all papers served by sheriff staff. The fund is a restricted receipts account held by PCCD, with disbursements made to counties to cover 100 percent of training costs, including tuition and living/travel expenses. The Act currently authorizes the budget secretary to transfer unused funds for Commonwealth General Fund purposes. The resolution seeks to remove that authorization, believing that such authorization could at some point result in the fund being raided for unrelated purposes.

 

 

 

RESOLUTION NO. 5 (Submitted by the CCAP Election Reform Committee) - The Association supports changes in election law and practice that would:

       ***

  b.
Provide for cooperation from the courts in recognizing the practical and cost implications of late action on ballot determinations, including a requirement that those factors be noted by the court during its deliberative process, relieving any county from requirements to reprint or reprogram ballots when a decision is rendered with insufficient time for the county to practically and with confidence make the required change, and requiring commonwealth reimbursement of costs incurred by counties for reprinting or reprogramming ballots based on decisions rendered within four weeks of the election;
  c.

Maintain the schedule for uniformed and overseas citizens absentee voting, and provide that the federal write-in absentee ballot can be used in all elections for all offices. The Association also supports exploration of processes and technologies that will facilitate, with proper security, the registration, absentee application, and balloting processes for uniformed and overseas citizens;

       ***

 

The delay in the court's decision and certification of the gubernatorial ballot for the 2014 May primary resulted in counties incurring significant workload and cost to correct the ballot, or absent ability to correct, to rely on ballots not meeting the court's order. The Election Reform Committee and the Resolutions Committee first reviewed a proposal to set the deadline for court action at least 30 days in advance of the election, but it was noted that case law was clearly established that the courts are not and would not be bound by such a statutory limitation. The resolution adds subsection b which instead proposes a concerted effort to require the courts to include practical outcomes as a part of deliberations, a hold harmless for counties not able to make a late ballot change with the necessary confidence, and commonwealth reimbursement for costs of ballot changes occurring within four weeks of the election. Note: This plank contains additional subsections, but only those amended by this resolution are shown here.

 

 

RESOLUTION NO. 6 (Submitted by the CCAP Election Reform Committee) - The Association supports establishment of special elections for vacancies in legislative or Congressional seats to coincide with a primary or general election whenever practical.

 

Recently a special election to fill a vacant PA Senate seat was held just nine weeks in advance of the May primary. The resolution suggests a balance between expeditiously filling a vacancy and the timing and cost of a special election.

 

 

  

RESOLUTION NO. 7 (Submitted by the CCAP Election Reform Committee) The Association opposes the use of voting systems (such as internet voting) or electronic transmittal of completed ballots, data or information that might influence the tabulation or canvass of the ballots or certification of results, until concerns for the security and integrity of the election process and the outcome are fully addressed.

 

 

The Election Reform Committee developed this amended version of an existing plank, believing the original resolution was misdirected in its concern with privacy, and instead views the issue as a matter of security and of integrity of the election process and result. The proposed resolution addresses these security issues, and would also affect proposals such as permitting fax or email transmission of completed absentee ballots.

  

 

 

RESOLUTION NO. 8 (Submitted by Armstrong County) - The Association supports development of

alternative energy sources in Pennsylvania to generate electricity, including wind, solar, hydropower, clean coal and alternative coal, hydrogen, biomass, natural gases including methane, liquid propane and nuclear technologies. However, the Association opposes alternative energy portfolio standards that mandate generation and procurement of specific levels of alternative energy in the commonwealth.

 

 

While the Association supports development of alternative energy sources, there is concern that the state's Alternative Energy Portfolio Standards, which mandate certain levels of alternative energy generation in the commonwealth, will drive up energy costs because the technology has not yet caught up to the mandated levels. Such energy costs will impact county budgets as well as residential and commercial users. The resolution continues to acknowledge the benefits of alternative energy sources while encouraging its development based on market forces rather than government mandates.

          

  

  

RESOLUTION NO. 9 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The 

Association supports study and planning for future energy needs, but it opposes federal laws that pre-empt state and local control over land use policies for the siting of infrastructure. Siting decisions for infrastructure should be compatible with local land use policies, including protections for preserved farmland and open space, and other natural and environmentally significant areas.

 

 

Several new transmission pipelines have been proposed in the commonwealth to facilitate the transportation of natural gas from shale regions, which will require approval from the Federal Energy Regulatory Commission. The resolution amends an existing plank to emphasize the importance of local land use priorities as part of the consideration for the siting of all energy-related infrastructure.

 

  

RESOLUTION NO. 10 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association opposes flood hazard mitigation assistance policies that prohibit the buyout of a flood damaged property subject to an oil or gas lease. 

 

 

FEMA's Hazard Mitigation Assistance (HMA) Program provides funding for property acquisition and buyouts of flood damaged properties. In early May, FEMA issued a mitigation policy indicating the agency generally will not approve property acquisition with HMA funds involving properties with underground oil, gas or other mineral encumbrances that may allow hydraulic fracturing and horizontal directional drilling to occur. However, buyouts are the main method, and most permanent, for flood plain mitigation, and given the large area of the state in the shale gas region, this policy will severely hamper those efforts if continued.

 


 

RESOLUTION NO. 11 (Submitted by the CCAP Energy, Environment and Land Use Committee) - The Association supports review of current and proposed state and federal laws, regulations and programs impacting waterways and water quality to resolve conflicting goals, improve coordination, provide uniform application, streamline programs and identify more cost-effective best management practices and technologically feasible tools to achieve necessary environmental protections while offering flexibility in land use and community development.

 

 

Counties intending to undertake important water-related infrastructure or management projects often run into conflicting state and federal standards or priorities regarding maintenance and protection of a particular waterway. CCAP's priority on waterway infrastructure and maintenance seeks a greater cooperation and interaction among all levels of government to reduce unnecessary costs and red tape that may delay needed projects.

 

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