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        Number 20
 October 3
, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
Governor Signs Key Bill to Address Drug Overdose Epidemic
Heroin & Opioids Workgroup Recommendations Released
Center for Rural PA Releases Report on Drug Overdose Hearings
Right-To-Know Legislation Passes Senate
House Approves Bill Removing Buffer Requirements Advances
Child Protection Bill Advances in House
House Panel Moves Forward With Sunshine Law Amendments
 
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GOVERNOR SIGNS KEY BILL TO ADDRESS DRUG OVERDOSE EPIDEMIC

 

 

Gov. Corbett has approved legislation that will assist the commonwealth in addressing the substance abuse and drug overdose epidemic. On Sept. 30, the Governor signed SB 1164 (sponsored by Sen. Dominic Pileggi, R-Delaware) into law as Act 139 of 2014. The act will increase access to Naloxone, a rescue drug that can reverse the effects of a drug overdose, and allow its administration by medical service providers, law enforcement, and friends and family of someone suffering from an overdose. In addition, Act 139 offers immunity from prosecution for individuals who transport a person experiencing a drug overdose or report in good faith a drug overdose to access medical attention. The enactment fulfills major provisions of the CCAP overdose priority.

 

Another critical component of a comprehensive strategy to address the drug overdose crisis remains before the General Assembly - establishing a prescription drug monitoring program, as contained in SB 1180, sponsored by Sen. Pat Vance (R-Cumberland) and HB 1694, introduced by Rep. Matt Baker (R-Tioga). A drug monitoring system would afford prescribers and pharmacists a means of assuring that individuals who legitimately need pain medication have access to it, while also offering a means of identifying potential abusers. Senate Bill 1180 was reported by the House Health Committee on Sept. 24 by a 23-1 vote, following unanimous adoption of an amendment that clarifies who would have access to the information in the database, how notice would be provided to patients and how data would be retained in the database. Senate Bill 1180 now goes to the full House for consideration, while HB 1694 is currently before the Senate Health and Public Welfare Committee. 

 

The end of the legislative session is approaching, and with only five session days remaining CCAP asks counties to urge legislators to take immediate action to establish a prescription drug monitoring program. Materials to assist members in making contacts can be found on the CCAP Legislative Action Center.

HEROIN & OPIOIDS WORKGROUP RECOMMENDATIONS RELEASED

  


On Sept. 30, in addition to signing Act 139 (see article above), Gov. Corbett approved recommendations made by the Heroin and Other Opioids Workgroup.  The workgroup, which was established by the Governor in May, tasked the Department of Drug and Alcohol Programs with bringing together state agencies and other stakeholders to identify strategies to improve the state's response to heroin and prescription opioid overdoses. 

 

After collaborating with stakeholders in both the private and public sectors, including CCAP and its affiliate Pennsylvania Association of County Drug and Alcohol Administrators (PACDAA), the workgroup made 13 recommendations across five categories, intended to provide effective solutions to address the overdose crisis. These categories advocate the safe and effective use of prescription opioids, including implementation of a prescription drug monitoring program and increased access to treatment. In addition, the recommendations call for educating licensed professionals, business-related boards and the general public about drug addiction and prevention programs, as well as overdose response such as the expanded access to Naloxone provided in Act 139.


After approving the workgroup recommendations, Gov. Corbett noted that the heroin problem cannot be solved solely by law enforcement, but must also include prevention, intervention and treatment efforts. The Governor went on to urge the General Assembly to approve legislation providing for a prescription drug monitoring program, specifically naming SB 1180
.

CENTER FOR RURAL PA RELEASES REPORT ON DRUG OVERDOSE HEARINGS

 

 

On Sept. 23, the Center for Rural Pennsylvania, a bicameral, bipartisan legislative agency, released its report on the commonwealth's heroin and prescription drug epidemic. The report summarized information gathered at four statewide hearings held in July and August in Berks, Cambria, Clarion, and Lycoming counties. During the hearings, testimony was received from families of those with substance abuse, recovering addicts, elected officials, law enforcement, and medical and treatment providers, including several county drug and alcohol administrators, educators and students, and business leaders.

Senator Gene Yaw (R-Lycoming), chair of the Center for Rural PA, noted that despite the name of the agency, the hearings served to highlight for its members that the crisis in opioid abuse is occurring in every corner of the commonwealth, rural and urban, and that a coordinated response among prevention, law enforcement and treatment efforts must occur. Some of the recommendations made in the report underscored the need to expand access to Naloxone, to provide Good Samaritan protections to an individual who reports a potential drug overdose, and to create a more expansive prescription drug monitoring system. The report also includes items for consideration that focus on education and prevention of substance abuse and drug overdose, enforcement, and substance abuse treatment .

 

RIGHT-TO-KNOW LEGISLATION PASSES SENATE

 

 

The state Senate has given its unanimous approval to SB 444, a comprehensive amendment to the state's Right-to-Know Law. Senate Bill 444, introduced by Senate Majority Leader Dominic Pileggi (R-Delaware), addresses several needs for updates to Act 3 of 2008 that have emerged as agencies gained experience with the law. The bill, and an amendment adopted prior to final passage, were developed in consultation with stakeholders, including CCAP and other local government groups.

 

Senate Bill 444 adds a new fee structure for commercial requests, as well as a new section defining limits on inmate access to records. It further clarifies the law's application to third-party contractors and clarifies that economic development authorities and industrial development authorities are considered local agencies subject to the law. Agencies would also be permitted to require pre-payment if duplication costs are expected to be more than $50, rather than $100 as under current law. Finally, the bill makes changes to the time frame for the appeals process as well as other technical and clarifying changes.

 

Senate Bill 444 now goes to the House of Representatives for its consideration. CCAP has expressed its support for the changes.

HOUSE APPROVES BILL REMOVING BUFFER REQUIREMENTS

 

 

On Sept. 22, the state House of Representatives by a 119-79 vote gave its final approval to legislation that will remove the regulatory requirement for a 150-foot buffer for earth disturbance activity in a High Quality (HQ) or Exceptional Value (EV) watershed. The bill is part of CCAP's priority on waterway infrastructure and maintenance, in which counties are calling for a review of laws and regulations to assure environmental protection is balanced with sustainable land use and development.

 

While removing the mandate for the 150-foot buffer, House Bill 1565, introduced by Rep. Marcia Hahn (R-Northampton), would assure such buffers could still be used as an option among best management practices and design standards where appropriate. The Department of Environmental Protection could still require the use of a riparian buffer if it believes that option is the most appropriate to assure water quality. Further, in certain cases projects would be required to provide a replacement buffer in the same drainage basin. The bill now moves to the Senate for its review.

 

CHILD PROTECTION BILL ADVANCES IN HOUSE


 
 

Senate Bill 27, one of the few remaining pieces of the larger package of child protective services legislation, was unanimously reported with amendment by the

House Children and Youth Committee on Sept. 24. The bill, sponsored by Sen. Bob Mensch (R-Montgomery), requires licensed medical practitioners to provide county children and youth agencies with relevant medical information about a child when an assessment for protective services or child abuse investigations is conducted, or when a family has been accepted for services by the county. The legislation also requires a county agency to provide certain information related to assessments, investigations and services to a child's physician.


Additionally, the Senate Public Health and Welfare Committee has scheduled
HB 435 for a vote on October 6. That bill, sponsored by Rep. Dan Moul (R-Adams), would expand background check requirements for those who work with or volunteer with children.

HOUSE PANEL MOVES FORWARD WITH SUNSHINE LAW AMENDMENTS

 


Several changes regarding executive sessions under the state's Sunshine Law were recently approved by the House State Government Committee. Under HB 1671, introduced by Rep. Rick Saccone (R-Allegheny), the option to hold executive sessions for employment-related discussions would be maintained for employees but deleted for public officers and appointees, and the scope further narrowed relating to matters of employment of a specific individual. A new option would allow an executive session to be held to discuss safety and security information reasonably likely to jeopardize security or preparedness if discussed in public. Finally, the bill includes a requirement to record executive sessions and to consult with a solicitor prior to holding an executive session.

 

An amendment offered by Rep. Saccone would allow an executive session to be held to discuss safety and security only if determined to "definitely" jeopardize public safety. The amendment also specifies that the recording of an executive session could be audio or video and must be retained for one year, but that those recordings would not subject to the Right-to-Know Law. The amendment was adopted, and the bill reported as amended, both by a vote of 14-10, with Republican members voting in favor of the amendment and Democratic members voting against.

 

House Bill 1671 is now before the full House, where its prospects for further action are uncertain given the limited number of session days remaining this fall.

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Contact Us: Douglas E. Hill Executive Director, CCAP