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        Number 12
 June 12
, 2015

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

 

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SENATE ADVANCES HB 911

  

 Counties' top priority, 911 services system reform, continues to move through the legislative process, with several amendments adopted in Senate committee and on the Senate floor to HB 911 the week of June 8.

 

After being re-committed to the Senate Veterans Affairs and Emergency Preparedness Committee for further review, that committee adopted two additional amendments before reporting HB 911 back to the full Senate. The first amendment, sponsored by committee chair Sen. Randy Vulakovich (R-Allegheny), contained various technical changes to the bill and reinstated the hold-harmless for PSAPs operated by Allentown and Bethlehem that had been removed in previous versions of the legislation. The other amendment was offered by Sen. Bob Mensch (R-Montgomery) and permits (but does not require) counties to impose a fee per occupied housing unit of up to $52 annually, coupled with a sliding scale per-employee fee assessed against businesses; this fee would be in addition to the statewide surcharge already included in the bill.

 

Later, the Senate Appropriations Committee unanimously reported HB 911 with a further technical amendment, and two amendments were then adopted on the Senate floor clarifying that the optional county fee must be levied on both residences and businesses if adopted, and changing the line count methodology that will clarify and increase the number of lines subject to the fee.

 

The Senate final passage vote may occur the week of June 15 and, because it was amended in that chamber, it will have to go back to the House for a concurrence vote.

 

Additional information about HB 911, including legislative testimony and county talking points, is available on CCAP's 911 Funding and System Reform web page.

BUDGET DEBATE CONTINUES

 

The state House of Representatives returned to the Capitol on June 1, and began procedural steps to move a budget to the Governor's desk before the start of the FY 2015-2016 fiscal year. In mid-May, House Appropriations Committee chair Rep. Bill Adolph (R-Delaware) filed HB 1192 as a vehicle, essentially the enacted FY 2014-2015 budget with a few additions to restore funding that was shifted to special funds in the current fiscal year, and not reflecting any legislative budget proposal at this time. Several House members filed amendments for debate; while none of the amendments contained a comprehensive alternative, they offered an opportunity for legislators to discuss specific line items of individual concern. 

 

Of interest to counties, the House discussed and adopted an amendment offered by Rep. Gene DiGirolamo (R-Bucks) to provide an additional $20 million for residential addiction treatment, as well as a $2 million increase for public libraries offered by Rep. Will Tallman (R-Adams) and a $1 million increase for Pennsylvania fairs proposed by Rep. David Millard (R-Columbia).

 

Counties continue to share with legislators and the administration their concerns about the unsustainability of further cuts to county-based human services programs. Over the past 12 years, counties have seen a steady decline in funding support from state and federal sources at the same time they are experiencing increasing caseloads and seeing more complex service delivery problems. On top of this ongoing trend, county Human Services Block Grant lines were reduced by 10 percent in FY 2012-2013, a cut that has been maintained in the two subsequent fiscal years. As a priority for 2015, counties support the inclusion of the Governor's proposed three-year restoration of the $86 million in the final FY 2015-2016 budget. Restoration, including a first-year increase of $28 million, is critical to address historic underfunding patterns.

 

Additional analysis of the FY 2015-2016 budget and impact on county human services line items are available on the CCAP Budget News and Updates web page
. 

SENATE CONFIRMS AGENCY HEADS 

 

The state Senate continues its process of review and consent of those individuals nominated by Gov. Wolf to head state agencies in his administration. Recently, the Senate unanimously confirmed Ted Dallas as secretary of the Department of Human Services and Cindy Dunn as secretary of the Department of Conservation and Natural Resources. John Wetzel, secretary of the Department of Corrections in the prior administration, was unanimously reappointed to his position as well.

 

In addition, Pedro Cortés was confirmed as Secretary of the Commonwealth by a 31-18 vote in the Senate, while John Quigley was confirmed as secretary of the Department of Environmental Protection by a 44-4 vote

SENATE PANELS HOLD HEARING ON RAIL SAFETY FOR CRUDE OIL 

 

The Senate Transportation and Environmental Resources and Energy Committees held a joint hearing on June 9 on the safe transportation of crude oil by rail, during which Lancaster County commissioner Scott Martin and county emergency management director Randy Gockley offered their experiences with planning, training and response to a hazardous material release, including crude oil unit train incidents.

 

Martin explained that the county and the Lancaster Emergency Planning Committee sponsored a functional simulated rail accident exercise in May 2014, while Gockley added that the county has an in-depth plan for an incident involving a crude oil train, which has been reviewed and requested by local and state agencies in Pennsylvania and Maryland. They recommended that counties through which crude oil trains pass hold a functional exercise at least every two years and that training opportunities be brought to the commonwealth for cost-effectiveness and efficiency. Martin and Gockley also suggested additional funding for training and planning be provided by the rail industry and through Act 165 of 1990, the Hazardous Material Emergency Planning and Response Act. Robert Full, chief deputy director for PEMA, also noted the importance of appropriate training and resources to assure any incident can be properly responded to locally in the first few hours until the rail company is able to provide assistance. 

 

The committees also heard from the Public Utility Commission, from Dr. Allan Zarembski, director of the Railroad Engineering and Safety Program at the University of Delaware, who has been retained by the Governor's Office to look at safety issues related to crude by rail, and from the rail industry, specifically Norfolk Southern and CSX, the two major crude-by-rail carriers operating in Pennsylvania.

 

The written testimony provided by Martin and Gockley can be found on CCAP's Government Relations web page by clicking on Testimony and Advocacy
.  

HOUSE COMMITTEE APPROVES CHANGES TO CHILD PROTECTION LAWS 

 

The House Children and Youth Committee recently voted 24-2 to report a bill that would make several corrective changes to the Child Protective Services Law updates that were enacted in 2013 and took effect in early 2015.

 

House Bill 1276, sponsored by committee chair Rep. Kathy Watson (R-Bucks), provides clarification about which individuals need background checks and child abuse clearances to work with children and which individuals in particular organizations need clearances. The clarifications address numerous questions and concerns raised since enactment of the new child protection laws. The bill also fixes an issue with regard to the portability of background checks by allowing an individual working with children to use the same clearance if that individual has required contact with children at more than one place of employment.

As HB 1276 went to the House floor, Gov. Wolf announced on June 10 that fees for background checks and child abuse clearances for volunteers working with children will be waived, and that fees for all other applicants will be reduced from $10 to $8, effective July 25. The House subsequently adopted an amendment to HB 1276 offered by Rep. Dan Moul (R-Adams) to further assure that all volunteers required to obtain these clearances will be able to do so once every 36 months.

 

While background check concerns have received much attention, counties are also asking for consideration of the impact the new laws are having on county children and youth agencies, specifically as it relates to the needs based budget process. Under that process, counties are already locked into budgets for FY 2015-2016 that were approved by the Department of Human Services (DHS) in 2014, well in advance of the increases in numbers of investigations created by the new laws taking effect. Despite many counties requesting additional staff that would have been justified with data now available, many of those positions were denied by DHS, based instead on historical referrals. Counties are asking the General Assembly for options, including allowing the FY 2015-2016 budgets to be reopened by DHS, to allow adjustment for these new mandates.

RETSL BILLS MOVE FORWARD 

 

The House Local Government Committee recently approved two bills making changes to the Real Estate Tax Sale Law, both sponsored by Rep. Chris Ross (R-Chester). The first bill, HB 909, would allow county tax claim bureaus to recover at upset sale costs incurred by the county for property rehabilitation and maintenance. Recovery would be prior to other distributions under the law. The change would assist counties in addressing safety and maintenance of the property, or other improvements reasonably necessary to improve the property's sale-ability.

 

The other legislation, HB 907, establishes standard requirements for posting tax delinquent property prior to a potential or actual sale of a property by a tax claim bureau. Specifically, the posting must occur on the assessed structure if it is conspicuous to the owner and the general public or, if there is no structure or one is not conspicuous, the notice must be on a stake secured on or adjacent to the property within 25 feet of the entrance in a reasonably conspicuous location.

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