Number 21

October 14, 2016

www.pacounties.org

Twitter: @PACountiesGR

LEGISLATIVE BULLETIN

An e-newsletter of the
County Commissioners Association of Pennsylvania

The Voice of Pennsylvania Counties Since 1886

IN THIS ISSUE

General Assembly to Convene for Last Weeks of 2015-2016 Voting Session

State Revenues Falling Short of Projections

House Panel Discusses Security of Upcoming Election

U.S. House Votes to Delay Overtime Rule

Nursing Home Quality Improvement Task Force Report

PA Receives $28M for Chesapeake Bay Cleanup

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GENERAL ASSEMBLY TO CONVENE FOR LAST WEEKS OF 2015-2016 VOTING SESSION

The House and Senate are set to return Oct. 17 for the remaining two weeks of the 2015-2016 legislative session. Both chambers are aiming to consider a variety of bills before legislators return to their districts for the Nov. 8 General Election, where the full House and half of the Senate seats are on the ballot. There are several issues that could still be taken up in the remainder of the legislative session including measures to address the opioid epidemic facing the Commonwealth, as well as efforts to reform the state and school pension systems and consider revenue rescissions for e-cigarettes.

Several hearings and meetings will be taking place on Oct. 18, including a public hearing held by the House Gaming Oversight Committee on the recent PA Supreme Court decision striking down the local share assessment paid by casinos to their host municipalities. The Court stayed the decision for 120 days, allowing the Legislature time to adopt a curative amendment to the law. The House Aging and Older Adult Services and the Senate Aging & Youth committees will also hold a joint hearing on the aging waiver enrollment process; CCAP submitted comments discussing the impact experienced by county Area Agencies on Aging related to the waiver and the statewide contract facilitated by Maximus for level of care assessments of seniors, which can be found on CCAP's Legislative Action Center.

Further, HR 1053, sponsored by Rep. Mauree Gingrich (R-Lebanon), is scheduled for consideration by the House Local Government Committee. The concurrent resolution would establish a task force to study the property reassessment process, in conjunction with a work group comprising representatives of CCAP and its affiliate Assessors Association of Pennsylvania, as well as the Tax Equalization Division within the Department of Community and Economic Development. Also in the House, the Health Committee is scheduled to consider SB 613, sponsored by Senator Pat Vance (R-Cumberland), a CCAP priority which would allow all counties the opportunity to participate in the Human Services Block Grant.

Proposals addressing various elements of the opioid epidemic are also to be considered by the General Assembly. In a joint session in September, Gov. Tom Wolf outlined a plan to combat the epidemic, and several pieces of legislation are moving through the process addressing prescription, treatment and other related issues.

In addition, Senate Bill 1282, introduced by Sen. Scott Wagner (R-York) to prohibit collection of UPI fees associated with indexing condominium association declaration amendments to individual parcels, remains before the House of Representatives. CCAP continues to oppose the bill.

Talking points and other materials on legislation that remains on the active calendar can be found on CCAP's Legislative Action Center.

STATE REVENUES FALLING SHORT OF PROJECTIONS

According to the state Department of Revenue, revenue expectations for the current 2016-2017 fiscal year continue to remain below estimate, as numbers released in October show total General Fund collections at $6.6 billion, amounting to $218.5 million, or 3.2 percent, below expectation for the fiscal year to date. Total state collections for September were $144.9 million, or 5.2 percent, below estimate.

Each of Pennsylvania's three largest tax revenues underperformed, a trend through each month in the first quarter of the fiscal year. To date, sales tax revenues remain below estimate by $72.4 million (2.8 percent), personal income tax is below expectations by $54.8 million (2 percent) and corporation tax revenues are below estimate by $61.9 million (9.6 percent). Compared to this time last year, personal income and corporation tax revenues are below estimate, and sales tax revenues are slightly higher. Other General Fund revenues including inheritance, realty transfer, and cigarette, malt beverage, liquor and table game taxes, were below estimate for September and year-to-date as well.

The lower-than-expected performance of General Fund revenues comes despite revenue expansion adopted as part of the FY 2016-2017 budget package. The revenue legislation, Act 84 of 2016, included tax increases for cigarettes and an extension of wholesale taxes to smokeless tobacco and e-cigarettes, along with sales tax extensions for digital downloads. Revenues generated from the expanded sales of wine and beer were also approved (Act 39 of 2016) and included in the revenue projections for the current fiscal year. One element of the revenue package remains to be adopted; the FY 2016-2017 budget depends on $100 million from online gambling, a matter that remains under consideration by the General Assembly.

HOUSE PANEL DISCUSSES SECURITY OF UPCOMING ELECTION

With the media focused on security concerns leading up to the Nov. 8 election, the House State Government Committee recently held an informational meeting on the readiness of elections in Pennsylvania.

Secretary of the Commonwealth Pedro Cort�s began by affirming that the state, and the counties conducting the elections, take their duties very seriously. He told the committee that his Department has undertaken a review with the federal Department of Homeland Security and other agencies to address cybersecurity concerns, and by participating in the Electronic Registration Information Center (ERIC) with almost two dozen other states they can ensure voter rolls are clean and accurate. Two county election directors, L. Edward Allison Jr., Lawrence County, and Timothy Benyo, Lehigh County, talked about the preparations counties are already undergoing for the November election, including handling an increased volume of voter registrations and keeping an eye on ongoing litigation that could affect ballot certification. They also emphasized that voting machines in the Commonwealth are not connected to the internet, and are subject to sound chain-of-custody, extensive testing, and post-election audits. Both directors also took the opportunity to call for reforms to the election system, such as no-excuse absentee balloting, creating voting centers and allowing for voting by mail, arguing that the current system, established in the 1930s, no longer meets the needs of the counties or their residents.

Other testimony was offered by the League of Women Voters, the Public Interest Legal Foundation, the Committee of Seventy, the Pew Charitable Trust and the Republican City Committee of Philadelphia. The full testimony from Allison and Benyo can be found at www.pacounties.org on the Legislative Action Center, by clicking Legislative Testimony.

U.S. HOUSE VOTES TO DELAY OVERTIME RULE

On Sept. 28, the U.S. House of Representatives approved legislation that included a provision to delay until June 2017 a U.S. Department of Labor rule on overtime pay that would make 4.2 million Americans newly eligible for such pay. The rule nearly doubles the ceiling for overtime pay eligibility for professional employees from $23,660 ($455 per week) to $47,476 ($913 per week). H.R. 6094 was approved 246-177; Republican members of the Pennsylvania delegation voting in favor, and Democratic members voting against. President Obama has threatened to veto the bill should it reach his desk.

At the same time, the U.S. Chamber of Commerce, with a number of other organizations, filed a lawsuit in September to block the rule from taking effect on Dec. 1. More than 20 states filed a separate lawsuit in the same court.

The National Association of Counties (NACo) submitted comments during the rule's development, expressing concerns over the increased administrative and financial burden it would impose on the nation's counties. NACo has also provided an analysis of the impact on counties, available at www.naco.org.

NURSING HOME QUALITY IMPROVEMENT TASK FORCE REPORT

The state Department of Health recently unveiled a plan to improve oversight of nursing homes and the quality of care that residents receive, based on the recommendations of the Nursing Home Quality Task Force. Health Secretary Karen Murphy also announced that the Office of Attorney General is providing $1.2 million for use in executing the performance improvement plan.

While noting that there are many excellent facilities, Murphy said the state will continue to make improvements so that all individuals have access to high-quality care. To that end, the Task Force's recommendations suggest the commonwealth make changes to the current survey process to increase efficiency and consistency. It acknowledged need for realignment to recognize increased short term rehabilitative stays. Further, the Task Force recommended added data components be considered to enhance the information provided by the Centers for Medicaid Services (CMS) Five-Star Quality Rating. On staffing matters, the recommendations include minimum staffing levels for non-nursing staff, realignment of competencies based on need, and higher education requirements for home administrators and nursing directors, as well as a focus on leadership within facilities. The full report and recommendations can be found at www.health.pa.gov.

PA RECEIVES $28M FOR CHESAPEAKE BAY CLEANUP

Gov. Wolf recently announced a state and federal partnership that will provide $28 million to afford nutrient management services to farmers in the Chesapeake Bay watershed. In coordination with Conservation and Natural Resources secretary Cindy Dunn, Agriculture secretary Russell Redding, and Environmental Protection secretary Patrick McDonnell, the Governor noted that funding will bolster the Commonwealth's initiative to improve local water quality, which ultimately will help Pennsylvania meet its nutrient reduction goals under the Bay Total Maximum Daily Load.

Pennsylvania will allocate $12 million towards sediment and nutrient reduction purposes, with the federal government committing nearly $16 million. The additional dollars will fund added resources for agricultural conservation practices and technical assistance, as well as leveraging public-private partnerships. The investments are designed to align closely with Pennsylvania's Restoration Strategy, or the "Reboot," announced earlier this year.

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