CCAP Trademarked Logo

Number 26
December 26, 2014

www.pacounties.org

LEGISLATIVE BULLETIN

An e-newsletter of the County Commissioners

Association of Pennsylvania

Serving Counties Since 1886

In This Issue

CCAP 2014 Priorities Year End Status Report

Quick Links

CCAP Website

Government Relations

Contacts

:: 717-526-1010

CCAP 2014 PRIORITIES YEAR END STATUS REPORT

CCAP members identified a total of ten priority legislative and regulatory issues for 2014. This end-of-year status report is presented in priority order, as established by CCAP members.

911 Services System Reform

A comprehensive rewrite of the Public Safety Emergency Telephone Act fell short of completion in 2014, and instead the rewrite remains actively underway as a group effort among the legislative committees of jurisdiction, CCAP, PEMA, staff of PSAPs and emergency number associations, and telephone providers. The working group is now completing a draft of comprehensive legislation, which is anticipated to be ready for introduction and consideration as soon as the legislature convenes in January. The objective is to have a bill on the Governor's desk in the spring. The original goal had been to rewrite the law prior to the June 30, 2014, sunset of the wireless 911 fee, but a number of circumstances prevented its completion and so instead CCAP successfully won legislative reauthorization of the fee for one year (Act 84 of 2014).

Through the course of the year, the working group has proceeded through several iterations of draft language, addressing the full spectrum of issues with the current statute, including integration of technologies, planning processes, and funding streams, accommodation of next generation technologies, an increase in the subscriber fees, and development of a formula-based funding distribution. There is strong support among leaders for moving a comprehensive bill promptly upon convening the 2015-2016 session.

Human Services Funding and Further System Reform

Although Governor Corbett announced his intention to expand the Human Services Block Grant to all interested counties as part of his FY 2014-2015 budget address in February, no expansion of the Block Grant was considered with the final FY 2014-2015 budget, leaving the number of block grant counties unchanged at 30.

The FY 2014-2015 commonwealth budget was signed on July 10, with line items in the Human Services Block Grant funded at the same level for the third straight year. Level funding effectively maintained the ten percent cut that those lines had absorbed in FY 2011-2012, amounting to about $86 million in reductions across all lines. Counties had called on the Governor and the General Assembly to begin a three-year restoration of the funding to those lines.

The Governor's Healthy PA initiative, an additional component of counties' system reform priority, was factored into the overall funding available for FY 2014-2015, and the federal government approved the Healthy PA Medicaid waiver plan on Aug. 28. CCAP and its affiliates have been working with the Department of Human Services on the implementation of HealthyPA, and ways counties can partner to involve stakeholders.

Prevailing Wage Reform

There were a number of legislative proposals before the General Assembly that would have addressed different options for prevailing wage reform, including increasing the threshold of

applicability, extending exemptions to different types of facilities, updating the definition of "maintenance," changing how prevailing wage rates are calculated, and offering an opt-out for local governments. There was no significant movement on the bills this session and so they will have to be reintroduced and start at the beginning of the legislative process in the next session.

Transportation, Infrastructure and Bridge Funding Implementation

The passage of a comprehensive transportation funding solution, Act 89 of 2013, allowed CCAP members to shift the focus of our transportation priority to continued partnership with the Department of Transportation as the infusion of dollars began and newly created programs such as bridge bundling, multimodal transportation, and next generation transportation projects took shape.

Pennsylvania's act has become a model for other states, and elements are also under consideration at the federal level as Congress works on reauthorization of MAP21, the federal transportation act. CCAP has been working with Pennsylvania's congressional delegation and with the National Association of Counties (NACo) to translate Pennsylvania's initiatives to workable models for the federal system.

CCAP has been working with PennDOT regarding implementation of Act 89's $5 fee for local use which counties may assess on vehicle registrations effective January 1, 2015. PennDOT has released a Frequently Asked Questions document and guidelines on the $5 county fee for local use, available on CCAP's Transportation Funding Analysis page. CCAP has developed a model ordinance for counties wishing to implement the county fee, also available on the Transportation page. Discussions continue with PennDOT regarding the manner in which the $5 fee applies to multi-year registrations. The Association also has sought an amendment to Section 3111 of Act 89, relating to restoration of the court costs attached to the offense of failure to obey traffic signs.

Inmates with Mental Illness and Substance Abuse Issues

A major component of inmate recidivism is untreated mental illness or substance abuse. Suspending, rather than terminating, benefits at the time of admission allows for benefits to be restored more rapidly on release and will lead to better outcomes for re-entering inmates. The Department of Human services (DHS) has initiated several pilot projects within select counties to test methods for rapid restoration, but the option is not available widely, and expansion of pilots is not on an established schedule.

Another element of inmate health care is maintaining benefits for offenders entering the systems for as long as possible prior to suspension, and CCAP continues to pursue the necessary statutory and regulatory changes. At the federal level, CCAP has also worked closely with NACo to advocate reversal of the policy of benefit termination, allowing retention of benefits at least until conviction, and thereby providing for better services to offenders and less cost to counties.

CCAP is working with the state Department of Corrections and other interest groups, to provide counties with information and tools for creating local mechanisms to improve inmates' access to care while incarcerated and at the time of release. In late summer 2014, another pilot program was taken statewide, targeting inmates who are being released on inpatient treatment programs. A system that establishes a rapid approval for Medicaid is now available to all counties, and immediate admission to treatment is accomplished for this population.

Revenue Opportunities/Tax Fairness

Counties have sought local options to levy income or sales taxes as alternatives to reliance on the real property tax. Early in the year the Finance Committee chairs in both chambers indicated it was unlikely that an optional county sales or income tax bill would move until a determination was made on consideration of bills to replace the school property taxes with an increased and expanded state sales tax, in legislation such as SB 76. That bill was reported from the Senate Finance Committee in September but received no further consideration. Although several pieces of legislation were introduced to authorize an optional county sales or income tax in the 2013-2014 session, it remains unclear where property tax discussions will be headed in the 2015-2016 session.

Commonwealth Responsibility for Court Funding

The Pennsylvania Supreme Court ruled some time ago that the state must take over administration and funding of the lower court system to maintain equality in access to justice across the state. Despite development of a master's report outlining several phases in which this takeover could occur, the state Supreme Court issued a subsequent decision in 2012 that the most prudent path toward a unified judiciary system is ongoing "interbranch cooperation" among the Court, administration and legislature on transfer of other court functions to the commonwealth. Importantly, the Court did not alter its earlier conclusion that state funding and administration is the ultimate objective. Although not a comprehensive approach, Senate Bill 1215, introduced in the Senate in mid-January, represents legislation consistent with this strategy. The bill would transfer elected county prothonotaries and clerks and their chief deputies to Commonwealth employment rather than elective office. While a Senate hearing was held on the proposal, no further action occurred. The Administrative Office of the Pennsylvania Courts is likely to seek reintroduction only if assured of significant county support.

Prevention of Substance Abuse/Drug Overdose

In early June, CCAP conducted a day-long summit for counties on the overdose crisis, which included stakeholders identified as key participants in the development of local strategic responses. On Sept. 23, the Center for Rural Pennsylvania released its report on the commonwealth's heroin and prescription drug epidemic, summarizing the information gathered at four statewide hearings. In addition, Gov. Corbett approved recommendations made by the Heroin and Other Opioids Workgroup on Sept. 30.

Legislation achieving key goals of this priority - expanding access to Naloxone and providing Good Samaritan immunity for those assisting someone suffering a drug overdose, and establishing a prescription drug monitoring system - was signed into law in the fall of 2014 as Act 139 of 2014 (SB 1164, Sen. Dominic Pileggi, R-Delaware) and Act 191 of 2014 (SB 1180, Sen. Pat Vance, R-Cumberland), respectively.

Waterway Infrastructure and Maintenance

CCAP was involved with two major issues this year relating to waterway issues. First, HB 1565, Rep. Marcia Hahn's (R-Northampton) bill to remove the 150-foot riparian buffer requirement for earth disturbance activity in a High Quality (HQ) or Exceptional Value (EV) watershed was signed into law as Act 162 of 2014. Second, in April the EPA and the Army Corps of Engineers released a proposed definition of "Waters of the U.S." under the Clean Water Act that has caused great concern among stakeholder groups. CCAP submitted comprehensive comments detailing the impact of the proposal on counties as well as noting Pennsylvania's strong state laws that are already in place. Those comments can be found on CCAP's Legislative Action Center.

Earlier, counties were actively involved with NACo in working toward the March enactment of H.R. 3370, the Homeowners Flood Insurance Affordability Act of 2014 (HFIAA), which addresses a number of Biggert-Waters Flood Insurance Act of 2012 (BW-12) issues by removing many of the most excessive rate increases, setting affordability goals, providing additional time for FEMA to complete its affordability study, and increasing FEMA interaction with communities related to remapping efforts. CCAP continues to seek opportunities to address flood mitigation efforts and ongoing flood mapping efforts with FEMA and other state and local partners.

District Attorney Funding

Counties supported inclusion of a $6.8 million line item appropriation in the state's FY 2014-2015 general fund budget sufficient to bring DA salary payments current to all 64 eligible counties, but no funds were approved for this line item in the final budget signed into law in July. Counties also sought a change in the special fund established to pay the Commonwealth share of DA salaries to require quarterly fund disbursements as a means of addressing cash flow concerns and establishing predictability. Senate Bill 933, introduced by former Delaware County Council member Sen. Edwin Erickson (R-Delaware), and HB 1224, introduced by Rep. Mauree Gingrich (R-Lebanon), would mandate the release of funds to counties on a quarterly schedule; however, neither received consideration during the 2013-2014 session.

About Us Terms of Service Privacy Policy