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        Number 22
 October 31
, 2014

www.pacounties.org

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

 

Serving Counties Since 1886
In This Issue
Child Protection Bills Signed into Law
Governor Signs Prescription Drug Monitoring Bill
EPA Scientific Advisory Board Releases Report Review
Veterans' Preference for Housing
House Committee Reports Local Government Investment Bill
HUD Seeks Comment on Housing Assessment Tool
Acts Affecting County Government
CCAP Fall Conference Activities
 
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CHILD PROTECTION BILLS SIGNED INTO LAW

 

As the 2013-2014 legislative session winds to a close, Gov. Corbett has signed two remaining child protective services bills into law. House Bill 435, now Act 153 of 2014, was sponsored by Rep. Dan Moul (R-Adams) to clarify background check requirements for individuals who work with children. Act 153 also expands requirements for background checks to include all persons applying for a paid or volunteer position that would have contact with children.

 

In addition, the Governor signed Act 176 of 2014, formerly SB 27, authored by Sen. Bob Mensch (R-Montgomery). The Act's intent is to increase dialogue and information sharing between county children and youth agencies and medical personnel by requiring medical practitioners, with or without parental consent, to provide a county agency with information when an assessment for protective services or a child abuse investigation is conducted, or when a family has been accepted for services by the county. The law also requires the county agency to provide certain information related to assessments, investigations and services to a child's physician, and to notify the physician of the final status of an assessment, or a status update if the report of suspected child abuse is unfounded.

 

Many of the previously enacted child protective services laws take effect at the end of the year. The Pennsylvania Children and Youth Administrators (PCYA) has been working with the Department of Public Welfare on the training and implementation aspects of the new laws

GOVERNOR SIGNS PRESCRIPTION DRUG MONITORING BILL

  

A key bill in CCAP's prevention of substance abuse and drug overdose legislative priority has been signed into law as Act 191 of 2014. Originally introduced as SB 1180 by Sen. Pat Vance (R-Cumberland), Act 191 establishes a prescription drug monitoring program within the Department of Health, allowing prescribers and dispensers to access a patient's prescription medication history through an electronic system. This new law will offer a means of assuring that individuals who legitimately need pain medication have access to it, while also offering a means of identifying potential abusers.

 

In late September, the Governor also signed Act 139 of 2014, which fulfills major provisions of CCAP's priority by increasing access to Naloxone, a rescue drug that can reverse the effects of a drug overdose, and allowing 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.

EPA SCIENTIFIC ADVISORY BOARD RELEASES REPORT REVIEW

  

On Oct. 17, the U.S. Environment Protection Agency's (EPA) Science Advisory Board Panel (SAB) released its review of EPA's draft report on the Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence. The draft report has been used as the scientific basis for the EPA and U.S. Army Corps of Engineers' jointly proposed rule to amend the definition of "Waters of the U.S."; one of the many concerns raised by the National Association of Counties (NACo) is that the proposed rule was released before the connectivity report has been finalized, meaning that the agencies may be missing a valuable opportunity to review comments or concerns raised in the final report that would inform development of the proposed rule.

 

The more than 100-page SAB review agrees with EPA's assessment that streams and wetlands are connected with larger water bodies such as rivers, lakes, estuaries and oceans, but also suggests that these "connections should be considered in terms of a connectivity gradient." The recommendations include defining connectivity based on the "frequency, duration, magnitude, predictability, and consequences of those connections," although the review also notes that streams that show low connection may also impact downstream waters significantly. Further, the SAB recommended revisions to improve the clarity of the report, better reflect the scientific evidence, expand the discussion of approaches to quantifying connectivity, and make the document more useful to decision-makers.

 

EPA and the Army Corps recently extended the deadline for comments on the proposed "Waters of the U.S." definition to Nov. 14 to allow for comment on the connectivity report. Even with the SAB review and extended comment deadline, it is still unknown when the final connectivity report will be released. A detailed analysis on the proposed rule compiled by NACo, as well as materials for counties wishing to comment on the local impact of the proposal, can be found on NACo's website, also linked from CCAP's Legislative Action Center.

VETERANS' PREFERENCE FOR HOUSING

 

Legislation recently signed into law will provide priority to veterans and military personnel in the provision of low-income housing. Senate Bill 1135, introduced by Sen. Vincent Hughes (D-Philadelphia) and now Act 188 of 2014, amends the Housing Authorities Law to require local housing authorities to give priority for rental or lease of low-income housing to veterans, active duty military personnel, and families of active duty or deceased military personnel or veterans. The preference is cumulative across all other preferences allowed by the Housing Authorities Law, so that service members and veterans have priority within each preference category. Act 188 takes effect in late December.  

HOUSE COMMITTEE REPORTS LOCAL GOVERNMENT INVESTMENT BILL

  

In the last voting days of the 2013-2014 session, the House Local Government Committee advanced legislation intended to increase investment instruments for local governments.

 

As approved by the Senate in June, SB 1207, introduced by Sen. Dominic Pileggi (R-Delaware), would expand the list of permitted investments for all local governments to add higher yield money market instruments such as commercial paper, repurchase agreements, negotiable certificates of deposit, bankers' acceptances and corporate notes. Each level of government already has its own statute defining those investment instruments they are permitted to use; under section 1706 of the County Code, counties may currently invest in U.S. Treasury bills, short-term bond obligations, savings accounts and time deposits, federal, state and local government bonds, shares of an investment company, certificates of deposit, and commercial paper. Senate Bill 1207 assures that local governments may still use those investment tools as authorized by their individual statutes.

 

The House committee considered several amendments to the bill during its Oct. 14 meeting. One offered by committee chair Rep. Kate Harper (R-Montgomery) would limit the new investment products under SB 1207 to use by a local government investment trust or pool rather than directly by local governments, although the amendment would still maintain the existing investment authorities of individual local governments. In addition, Rep. Lee James (R-Venango) offered an amendment to remove the authorization for local government investment trusts and pools to use corporate notes and shares of a registered investment company, while an amendment introduced by Democratic chair Bob Freeman (Northampton) would require the investment trust or pool to file an annual report with the Department of Community and Economic Development regarding any of the newly authorized investments under the bill.

 

All of the amendments were unanimously adopted, and the committee reported SB 1207 as amended 15-9 on a party line vote, with Republicans voting in favor and Democrats voting against. However, the bill did not receive further consideration on the House floor prior to the end of the session, and so will have to be reintroduced in January to begin the legislative process anew.

HUD SEEKS COMMENT ON HOUSING ASSESSMENT TOOL

 

The U.S. Department of Housing and Urban Development (HUD) is accepting comments through Nov. 26 on its recently released draft Assessment of Fair Housing (AFH) Tool for Community Planning and Development entitlement grantees. In July 2013, the Department requested comment on a proposed rulemaking regarding Affirmatively Furthering Fair Housing (AFFH) that is intended to help program participants incorporate fair housing considerations as required by the federal Fair Housing Act. HUD advised in the 2013 proposed rule that it would issue an assessment tool for use in completing the Assessment of Fair Housing that program participants are required to undertake. This new approach would replace the current Analysis of Impediments (AI) process and is designed to assist with analyzing the fair housing environment and issues, setting and prioritizing fair housing goals, and taking meaningful steps to affirmatively further fair housing. The final rule on Affirmatively Furthering Fair Housing from 2013 has not yet been issued, and will likely occur after the review of comments on the AFH Toolkit. Local entitlement grantees are encouraged to submit comments, and additional information can be found on HUD's website at www.hud.gov.

ACTS AFFECTING COUNTY GOVERNMENT

 

With the last day of voting session for the 2013-2014 session held on Oct. 20, several dozen bills have recently been sent to the Governor's desk. CCAP has compiled a list of Acts Affecting County Government for 2014, including a short description and links to the bills, which can be found at www.pacounties.org by clicking on Government Relations/Legislation and then selecting Legislative Acts from the list.

CCAP FALL CONFERENCE ACTIVITIES

 

CCAP policy committee members will meet Nov. 23 in conjunction with the CCAP Fall Conference, Nov. 23 to 25 at the Hotel Hershey, to develop their 2015 work plans and to set legislative and policy priorities for 2015. A date for the formal announcement of the priorities at the State Capitol will also be finalized during the conference. The Conference also includes a membership voting session on Tuesday, Nov. 25. The agenda includes votes on the Association's 2015 action plan and 2015 dues schedule. The voting information will be emailed to the membership in advance of the Conference.

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Contact Us: Douglas E. Hill Executive Director, CCAP