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        Number 9
 May 1
, 2015

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

 

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911 BILL SET FOR KEY HOUSE VOTE

 

The House debated and considered a number of amendments to CCAP's top priority, 911 system reform and funding, on April 21, advancing the bill a step further in the legislative process. House Bill 911, sponsored by House Veterans Affairs and Emergency Preparedness Committee chair Rep. Steve Barrar (R-Delaware), represents nearly two years of work between CCAP, PEMA, the General Assembly, communications providers and 911 professionals to develop a comprehensive rewrite of the Public Safety Emergency Telephone Act of 1990.

 

Seven agreed-to amendments were approved to HB 911, which overall improve the bill's language on line counts, audits, planning and technical matters. Nearly 60 additional amendments were proposed to HB 911 and while most were withdrawn from consideration, 10 were voted on and failed. Of significance, an amendment offered by Rep. Bryan Barbin (D-Cambria) to reduce the bill's proposed $1.65 monthly subscriber fee to $1.50 was defeated by a 55-133 vote. Current fees are $1.00 to $1.50 per month for wireline, and set at $1.00 per month for wireless and VoIP, while counties are seeking an increase to a uniform $2.00 fee. Other amendments were defeated to increase the available funding for regionalism; allow counties a local option to levy a $.50 subscriber charge; place a moratorium on county property tax increases for the purpose of funding 911, and allow the PSAPs of Allentown and Bethlehem, which are grandfathered in the current law, to maintain that status and to grant the two cities seats on the 911 board. Additional information on the amendments and votes can be found on the General Assembly's website.

 

House Bill 911 is scheduled for a floor vote in the House the week of May 4, before being sent to the Senate for its consideration. Additional information about the legislation, including county talking points, is available on CCAP's 911 Funding and System Reform web page.

SENATE COMMITTEES BEGIN REVIEW OF SECRETARY NOMINATIONS

  

Senate committees have voted unanimously to recommend the full Senate confirm Acting Transportation Secretary Leslie Richards and Acting Human Services Secretary Ted Dallas.

 

On April 21, Richards came before the Senate Transportation Committee, where she discussed her philosophy regarding transportation and infrastructure development. She noted that Act 89 has provided a number of tools for the commonwealth's transportation infrastructure, and that the law been a national model for collaboration and cooperation on transportation legislation.

 

The following day, the Senate Public Health and Welfare Committee heard from Acting Secretary Dallas about his plans for the Department of Human Services. Dallas told the committee he sees several areas as priorities, including introducing more outcome-based payments, serving as many people as possible in the community, and finding ways to help people find work and a path out of poverty. In addition, he discussed the need to invest in community-based services, and to offer greater efficiency and more choices to recipients.

 

A vote of the full Senate must be held on the nominations for the confirmations to occur. While the Senate has not indicated when it plans to do so, the Senate returns for two weeks of session on May 4.

 

Acting Education Secretary Pedro Rivera has also received the unanimous recommendation of the Senate Education Committee. Acting Agriculture Secretary Russell Redding and Acting Secretary of the Commonwealth Pedro Cortés will appear before the Senate Agriculture and Rural Affairs Committee and State Government Committee, respectively, on May 12, while Acting Conservation and Natural Resources Secretary Cindy Dunn will come before the Senate Environmental Resources and Energy Committee on May 13. The latter committee will also hear from Acting Environmental Protection Secretary John Quigley on June 2. Other acting secretaries, including Corrections Secretary John Wetzel, Drug and Alcohol Secretary Gary Tennis and DCED Secretary Dennis Davin have not been scheduled for confirmation hearings as of Bulletin publication. More information about each appointee can be found on CCAP's Gubernatorial Familiarization web page
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HOUSE COMMITTEE HOLDS HEARING ON HOTEL TAX PROPOSAL  

 

The House Tourism and Recreational Development Committee held an informational meeting on April 21 to discuss legislation which would address counties' 2015 legislative priority regarding tourism funding and the hotel tax.

 

House Bill 794, introduced by Rep. Keith Gillespie (R-York), would establish the maximum hotel tax rate in third through eighth class counties at five percent; under current law, 54 counties now levy a three percent hotel tax, while several others already have county-specific rates at the five percent level. The bill also updates the spending provisions in current law, expands the definition of "hotel," imposes a penalty on hotels for failure to collect and remit the tax, and increases the county administrative fee from the current two percent to five percent.  

 

CCAP provided testimony before the committee alongside John Longstreet, president of the PA Restaurant and Lodging Association (PRLA) and Rob Fulton, president of the PA Association of Travel and Tourism (PATT). The three associations have been working together as part of a tourism task force for nearly two years to update the hotel tax statute, and HB 794 is the product of the task force's efforts.

 

CCAP explained to the committee that counties chose tourism funding and the hotel tax as a priority due in part to the defunding in recent years of the Commonwealth's appropriations to local tourism agencies and state promotional efforts, as well as the growing appreciation of tourism as a driver of local economies. While Act 142 of 2000 allowed counties a three percent levy, with the tourist promotion agency administering the proceeds, over the years a number of counties have sought county-specific increases to their local hotel tax, creating a potential patchwork of rates across the commonwealth. As a result, counties have called for uniformity among hotel tax authorizations as well as an increase in the authorized rate for all counties. Longstreet and Fulton also confirmed their association's support of the legislation, noting the importance to their memberships of provisions strengthening the definition of the use of hotel tax funds.

 

Visit the CCAP Testimony and Advocacy web page to read the full testimony provided to the committee

CONGRESSMAN SHUSTER INTRODUCES WOTUS LEGISLATION 

 

Congressman Bill Shuster (R-PA), chair of the U.S. House Transportation and Infrastructure (T&I) Committee, introduced legislation in mid-April with Water Resources and Environment Subcommittee Chair Bob Gibbs (R-OH) that would halt further progress of the proposed Waters of the U.S. rule.

 

H.R. 1732, the Regulatory Integrity Protection Act of 2015, would require the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to withdraw the proposed Waters of the U.S. rule within 30 days and to rewrite a new proposed rule after consultation with state and local governments. The bill was reported by the T&I Committee on April 15 by a vote of 36-22; Congressmen Lou Barletta, Scott Perry, and former Chester County commissioner Ryan Costello (all R-PA) are also on the T&I Committee and voted in favor of H.R. 1732. The legislation is expected to move quickly to the floor of the House for a vote.

 

In addition, the U.S. House of Representatives Committee on Appropriations passed the FY 2016 Energy and Water Development and Related Agencies Appropriations bill by voice vote during the week of April 20. The bill contained a rider prohibiting the Corps from using any FY 2016 funds to implement, develop or finalize the Waters of the U.S. proposed rule.

 

In early April, the EPA announced the proposed rule was sent to the Office of Management and Budget for a final interagency review, and expected it to be finalized within the next several months. Both NACo and CCAP have submitted comments to the agencies asking that the proposal be withdrawn and modified after careful consideration of all comments submitted

HOUSE APPROVES COUNTY PENSION COLA BILL 

 

The PA House of Representatives has voted 200-0 to approve HB 239, sponsored by Rep. Keith Greiner (R-Lancaster), clarifying language in the County Pension Law to allow counties to grant a limited cost-of-living adjustment (COLA), keyed to just the most recent year. 

 

The vague language of current law, which obligates counties at least once every three years to examine whether to grant a COLA, has led to interpretation that any COLA must be retroactive to the last time a COLA was granted. For most counties, the COLA is infrequently granted, and so going back to the last COLA and compounding forward can yield an unsupportable increase in the benefit. The limited COLA under HB 239 would instead allow a county that has fund capacity to grant much-needed adjustments to monthly benefits without the adjustments being excessive and without the adjustments imperiling the solvency of the fund. 

 

Prior to the final vote, the House unanimously adopted an amendment offered by Rep. Bob Freeman (D-Northampton) which would prohibit a county from providing a COLA unless its retirement system calculations can assure a funded ratio of 80 percent or higher after the actuarial cost of the adjustment is determined. Those counties using an actuarial valuation methodology that does not determine a funded ratio would be required to calculate one in order to meet the requirements of the amended bill.

 

House Bill 239 now goes to the Senate for its consideration. Similar legislation, SB 129, was reported by the Senate Finance Committee in February.

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Contact Us: Douglas E. Hill Executive Director, CCAP