Number 8
April 15, 2016

www.pacounties.org

LEGISLATIVE BULLETIN

An e-newsletter of the County Commissioners

Association of Pennsylvania

The Voice of Pennsylvania Counties Since 1886

In This Issue

Fiscal Code Bill Again Heads to Governor's Desk

House Sets FY 2016-2017 Budget Process in Motion

House Panel Discusses C&Y Workforce Challenges

Hotel Tax Legislation

Center for Rural PA Holds Hearing on Opioid Epidemic

Joint City/County Task Force on Opioid Abuse

House Approves Recreational Liability Bill

CCAP Resolutions Process

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FISCAL CODE BILL AGAIN HEADS TO GOVERNOR'S DESK

The fourth attempt at a Fiscal Code bill related to the FY 2015-2016 state budget is now headed to the Governor's desk, following swift action by the House and Senate over the last two weeks.

Because appropriations bills cannot contain implementing language, they are normally accompanied by "trailer" bills to give direction or authorization to state agencies on how funds are to be allocated. The bill initially intended to accomplish this for the FY 2015-2016 budget, which became law without the Governor's signature on March 28, was HB 1327, amendments to the Fiscal Code, but the Governor vetoed that bill based on its inclusion of a school funding formula and environmental regulatory language, both of which he felt were inappropriate for the bill.

Importantly, HB 1327 also contained language to assure that counties would still get their fourth quarter children and youth payments in the event of another budget impasse; under the rebalancing initiative those funds are to be appropriated with the FY 2016-2017 budget. The veto created uncertainty regarding the fourth quarter payments, and thus uncertainty both for Act 30 planning purposes and for delivery of children and youth services.

Rather than attempt a veto override of HB 1327, House and Senate leaders instead moved forward with another Fiscal Code bill, HB 1589, which was originally intended to comprise only the language to which the Governor had not previously objected in his veto message, including the necessary language to address the fourth quarter children and youth payments. However, Gov. Wolf's recent announcement regarding distribution of school funding dollars absent a statutory formula prompted the Senate to amend HB 1589 to add the school funding formula language as well as the language providing for school construction reimbursement that had been in HB 1327. With that amendment, the Senate approved HB 1589 by a 37-11 vote, followed by House concurrence on a 149-45 vote.

While Gov. Wolf had not indicated as of publication of the Bulletin his intentions for HB 1589, it is worth noting that both the House and Senate votes meet the 2/3 threshold that would be necessary to override a veto should the Governor make that decision. He has until April 24 to act on HB 1589, either by signing the bill into law, vetoing it, or allowing it to become law without his signature.

HOUSE SETS FY 2016-2017 BUDGET PROCESS IN MOTION

House Appropriations Chair Bill Adolph (R-Delaware) has introduced HB 1999 as the vehicle for the FY 2016-2017 appropriations bill. As introduced, the bill contains line items representing the FY 2015-2016 allocation as a placeholder while negotiations among legislative leaders and the Governor continue. The bill was reported by the House Appropriations Committee on April 13 to mark the first step in the process, on a party line vote with Republicans voting in favor and Democrats voting in the negative.

HOUSE PANEL DISCUSSES C&Y WORKFORCE CHALLENGES

Staff retention issues in child welfare, part of CCAP's priority on county financial match for children and youth services, took center stage at a recent House Children and Youth Committee hearing.

Dauphin County Commissioner George Hartwick, chair of CCAP's Human Services Committee, and Brian Bornman, executive director of CCAP affiliate Pennsylvania Children and Youth Administrators (PCYA), along with several county children and youth staff, testified before the committee, outlining the challenges facing the child welfare system. Those testifying concurred that the nearly 30 new child protective services laws that took effect at the beginning of 2015 represented positive change, but Bornman explained that caseload ratios have dramatically increased as a result, with Hartwick affirming that Dauphin County has seen a 128 percent increase in case referrals since the laws' enactment. To assist in determining what appropriate caseloads should be, Bornman said that PCYA is working with Penn State on a comprehensive time study that is expected to be completed by the end of the year.

Other challenges facing the child welfare system include frustrations with Child Welfare Information Solution (CWIS), extensive data collection, and increased paperwork, all of which lead to burnout and staff turnover. Hartwick and Bornman further emphasized the need to address the impacts of any future state budget impasse to assure children and youth agencies continue to receive funding, noting that the FY 2015-2016 impasse led many counties to implement hiring freezes that only exacerbated staffing difficulties. They also asked that, going forward, any new laws be timed to parallel with the Needs Based Budget process to allow counties to better incorporate requests for additional resources. Hartwick also spoke of challenges with the civil service system, noting that his county has adopted its own merit based hiring system to identify candidates.

The full testimony by Hartwick and Bornman is available on CCAP's Testimony and Advocacy web page under Human Services. A recording of the hearing is available on the House Children and Youth Committee's web page as well.

HOTEL TAX LEGISLATION

After several years of discussions and negotiations among CCAP and tourism industry stakeholders, legislation to update the County Code to increase the current hotel room rental tax authorization to five percent is now on the Governor's desk. The intent is to provide better uniformity in the levy and to meet increased local needs to attract and promote travel and tourism for the benefit of local economies.

While originally applicable only to third to eight class counties, House Bill 794, authored by Rep. Keith Gillespie (R-York), was amended by the Senate to expand the bill's provisions to second class and second class A counties. With that amendment, the Senate approved the legislation by a 43-6 vote on April 11, with the House concurring the following day on a 138-57 vote. Media reports indicate that Gov. Wolf intends to sign HB 794 into law.

CENTER FOR RURAL PA HOLDS HEARING ON OPIOID EPIDEMIC

On April 1, the Center for Rural Pennsylvania surpassed 50 hours of hearings on the opioid and heroin epidemic as it opened a third series at the University of Pittsburgh-Bradford, where representatives of several single county authorities, as well as medical facilities, law enforcement and schools, shared their experiences and recommendations for addressing the challenges presented.

Angela Eckstrom, executive director of Cameron/Elk/ McKean Alcohol and Drug Abuse Services, which operates as a private non-profit agency, told the Center they have expanded services to include long-term inpatient treatment and have partnered with medical facilities to deliver medication assisted therapy, and provide grants for education and training in the use of Naloxone. However, challenges with staff recruitment and existing physician networks in rural areas, limitations on reimbursable transportation, and cuts to state funding have put a strain on the ability to deliver quality services.

Potter County Drug & Alcohol Program Administrator Colleen Wilbur explained that her county has been addressing many different angles, such as working toward a criminal justice restructuring process, providing an evidence-based prevention program for school districts, and working closely with local hospitals. Wilbur also noted the county, as one of the 30 counties currently permitted to participate in the Human Services Block Grant, has been able to leverage additional services because of the Block Grant's flexibility, such as hiring a recovery support specialist.

The second of the three hearings in the series will be held April 21 in Lewistown.

JOINT CITY/COUNTY TASK FORCE ON OPIOID ABUSE

The National Association of Counties (NACo) and the National League of Cities (NLC) have created a joint task force on the opioid and heroin epidemic, which held its first meeting on April 7 in Washington, D.C. Erie County Executive Kathy Dahlkemper is one of ten NACo representatives on the task force which, over a nine-month study period, is charged with developing a coordinated approach to enhance awareness, facilitating peer exchange, and identifying policy solutions. The agenda included discussion on prevention and education, treatment, public safety and community wellness, and local leaders shared information about challenges and effective local responses that could be replicated in communities across the country.

At the end of the study period, the joint task force will publish a national summary report on city-county collaboration that focuses on proven practices for community prevention and overdose response, identification of effective treatment options and promotion of public safety enforcement. Additional information can be found on NACo's website at www.naco.org.

HOUSE APPROVES RECREATIONAL LIABILITY BILL

The House of Representatives has approved legislation that would expand protections for landowners from liability for injuries sustained by recreational users of their property.

House Bill 544, introduced by Rep. Dan Moul (R-Adams), addresses some of the ambiguities in current law and also makes other changes to encourage more property owners to preserve their land for open space and recreational uses.

The bill broadens the definitions of recreational use to include bridges, fishing piers and other activities. In addition, HB 544 would award attorney fees and direct costs to a landowner found not to be liable for an injury, in an attempt to protect landowners from frivolous litigation while preserving remedies for those truly aggrieved by a conscious disregard of the safety of recreational users. The bill received a 187-2 vote on the House floor, and now goes to the Senate for its consideration.

CCAP RESOLUTIONS PROCESS

Throughout the month of June CCAP policy committees will be holding their annual conference call meetings to consider resolutions amending the PA County Platform, in anticipation of a membership discussion and vote in conjunction with the CCAP Annual Conference in early August. County officials are encouraged to begin reviewing the Platform now and to send any proposed resolutions to Government Relations staff at PACountiesGR@pacounties.org, or to discuss them with CCAP policy committee chairs.

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