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        Number 15
 July 24
, 2015

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

 

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BUDGET NEGOTIATIONS CONTINUE

  

Although both the House and Senate convened session days in mid-July, the Republican legislative leadership and the administration remain far apart in budget discussions, according to media reports. Both legislative chambers are scheduled to return to Harrisburg in late August, although members remain on a six-hour call in the event a budget agreement is reached prior to that.

 

Sticking points on the budget include the Governor's proposed increases in sales and personal income taxes to provide school property tax reductions; the Republican budget passed in late June in HB 1192, later vetoed by Gov. Wolf, did not include any tax increases. Reportedly, revenue discussions may be needed to break the stalemate and according to media reports, a severance tax on natural gas is the most likely way to do so. Senate Majority Leader Jake Corman (R-Centre) has told media he would not rule out a severance tax but did not support the governor's plan, saying that, to be considered, any such tax would have to contain provisions that would allow the industry to develop and continue to maintain job growth. Counties are seeking maintenance of the shale gas impact fee established under Act 13, in its current form, as a 2015 priority.

 

Media reports also indicate that House and Senate leaders on the Republican side will be seeking to negotiate a budget deal which can win a majority vote - 102 votes in the House, 26 votes in the Senate - from their respective caucuses. This will likely make it more difficult for any of the Governor's proposed tax increases to be approved.

 

On July 21, House Appropriations Chairman Bill Adolph (R-Delaware) introduced HB 1460, which contains identical line items to the Republican budget in HB 1192 that was vetoed by Gov. Wolf on June 30. It is expected that the bill will serve as a placeholder for procedural purposes as budget negotiations continue.

 

Without an appropriations bill signed into law, the commonwealth has lost its authority to spend funds and pay most of its bills and obligations for FY 2015-2016. A link to frequently asked questions outlining which funds may continue to be distributed and which may not are found on CCAP's Budget News and Updates page.

 

Without an enacted FY 2015-2016 budget, core human services programs will be impacted by delayed state payments. While counties will take the necessary steps to keep the doors open, they do so under difficult circumstances, as cash flow issues could result in slower payment to vendors, borrowing, or use of reserves. Counties are also asking legislators and the Governor to support critical priorities, including keeping funds in child welfare lines off the table and assuring they are not used to bargain on the larger spending and revenue plan. House Bill 1192's inaccurate funding assumptions used to shift child welfare dollars would seriously endanger the ability of county child welfare agencies to meet their mandates, which have dramatically increased as a result of recent changes to the Child Protective Services Law.

 

In addition,CCAP members are asking the Governor and the General Assembly, as a priority for 2015, to restore the ten percent reduction to the seven line items that are part of the Human Services Block Grant and affect core services across all 67 counties. The request is consistent with the Governor's budget proposal, which called for a three-year restoration of the Block Grant lines, with a $28 million increase intended for FY 2015-2016.

 

Counties are encouraged to continue to contact their legislators, asking them to share support of counties' priorities in the FY 2015-2016 budget with their leadership. Updated sample letters and talking points can be found on CCAP's Legislative Action Center

MOODY'S DEEMS NEW 911 FEE "CREDIT POSITIVE"

 

Act 12 of 2015, the recently enacted update to Pennsylvania's Emergency Telephone Act, has been applauded by Moody's Investor Service and been given a "credit positive" rating in Moody's weekly credit outlook report released on July 9. The report noted that increasing the 911 fees will eliminate more than $100 million in annual deficits the state's 67 counties have incurred for 911 call taking and dispatch obligations.

 

According to the state's annual 911 report, counties' 911 responsibilities in 2014 cost $292 million, yet the fee structure only accounted for $188 million. This required many counties to backfill the deficit with money from the counties' general fund budgets, which are generated through county property tax dollars. Further, the Legislative Budget and Finance Committee's (LBFC) 2012 report on 911 found that 24 counties funded their 911 operations solely on fee revenues in 2008 and by 2011 that number had dropped to seven. The new law raises the monthly fees for wireless, wireline, and VoIP to a uniform $1.65, and the Moody's report indicated their belief that the increase will generate at least the $105 million necessary to close the gap between costs and revenues.

 

According to the release, Moody's declaration of "credit positive" does not connote a rating or outlook change, but is based on the impact of a distinct event as one of many credit factors affecting the issuer. Additional information on Act 12 of 2015 can be found on CCAP's 911 Funding and System Reform Resources web page. 

FEDERAL TRANSPORTATION UPDATE

 

U.S. Senate leaders announced on July 21 that they have come 

to an agreement on a federal surface transportation bill, H.R. 22, just a week before the July 31 expiration of MAP-21. While the bill would authorize highway and transit programs for six years, it contains only enough funding to fund those programs for about three years, using a series of mortgage and tax reforms. While a motion to begin debate that same day failed 56-41, short of the 60 votes needed, in part due to concerns that more time was needed to review the legislation, Senate Majority Leader Mitch McConnell (R-KY) indicated he intends to push forward with the bill, possibly keeping the chamber in session through the weekend.


Sen. Pat Toomey (R-PA) has offered an amendment that would facilitate the reconstruction of damaged roads, highways, and bridges after disasters by exempting those repair projects from additional environmental permitting, if replaced in-kind. CCAP supports the amendment to expedite the permitting process, particularly when prompt action is critical when the structure is damaged in an emergency.

 

In addition, Sens. Bob Casey (D-PA) and Roy Blunt (R-MO) have previously introduced S. 1370 to increase funding for off-system bridges, primarily those owned by counties and municipalities. As part of MAP-21, Sen. Casey successfully pushed to restore language requiring states to continue providing off-system bridge funding from the federal highway funds they receive. Under S. 1370, those provisions would become permanent and restore funding for aging bridges across the nation.

 

The U.S. House of Representatives passed a separate short-term MAP-21 extension the week of July 13 to provide transportation funding through December, and it is unclear how the chambers will resolve their differences before Congress leaves for the summer recess. Long-term reauthorization of MAP-21 remains a priority of the National Association of Counties (NACo). Additional resources can be found on the CCAP Legislative Action Center and NACo's Transportation Advocacy websites
.

HOUSE MOVES LOCAL GOVERNMENT INVESTMENT BILL 

 

The House continues to move forward with legislation intended to increase investment instruments for local governments. House Bill 1296, introduced by Rep. Kate Harper (R-Montgomery), mirrors SB 1207 from the 2013-2014 session that was introduced by Sen. Dominic Pileggi (R-Delaware) to expand the list of permitted investments for all local governments, adding higher yield money market instruments such as commercial paper, repurchase agreements, negotiable certificates of deposit and bankers' acceptances.

 

Each level of government already has its own statute defining those investment instruments they may 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. HB 1296 assures that local governments may still use those investment tools as authorized by their individual statutes.

 

The bill received second consideration on the House floor on July 22, and could receive a final vote in that chamber when the House reconvenes in August.

RESOLUTIONS ADOPTED AT NACO ANNUAL CONFERENCE 

 

A policy resolution sponsored by Potter County commissioner Paul Heimel was approved by the NACo membership during the recently concluded NACo Annual Conference in Charlotte. The resolution supported development of alternate means of providing health care and related support services to veterans and their families, including partnership with traditional for-profit, non-profit, county-based and community health care providers. It was unanimously recommended by the Health Committee, and adopted by the conference delegates as part of the full packet of resolutions and policy changes that will guide NACo's federal legislative and regulatory efforts over the next year. More information about these changes can be found on NACo's Legislation and Policy web page.

VOTING MATTERS  

 

On July 17, each CCAP member was emailed a voting matters packet containing items to be considered at the Tuesday business meeting of the upcoming CCAP Annual Conference at the Omni William Penn in Pittsburgh. The agenda packet includes proposed policy resolutions, along with officer elections and site selection for the 2020 Annual Conference. The resolutions will be deliberated during the conference and then submitted by electronic ballot to the full CCAP membership within 10 days of the conclusion of the Conference for final adoption.

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