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SENATE HOLDS ELECTIONS HEARING
The Senate State Government Committee held a dual-purpose hearing on Sept. 25 at the Dauphin County administration building, first to hear testimony on SB 1249 and then for a demonstration of the county's voting machines.
Shari Brewer, Butler County Director of Elections and Voter Registration, discussed the partnership that has been developed between counties and the legislature on elections issues, and said that the Election Law Advisory Board that would be created under SB 1249 would be a benefit in providing practitioner feedback to lawmakers.
The legislation, introduced by Sen. Elder Vogel (R-Beaver) and mirroring a recommendation of the Joint State Government Commission's December 2017 report on Voting Technology, provides the framework for a board of stakeholders, including counties, to make recommendations on changes to the Election Code and study other elections-related issues. Brewer noted, in response to a question from committee chair Sen. Mike Folmer (R-Lebanon), that she would like to see the items in CCAP's platform related to election reforms be among the first items the Board would take on if the legislation were approved.
Jonathan Marks, Commissioner of the Bureau of Commissions, Elections and Legislation at the Department of State, told the committee that he has absolute confidence that the counties administer secure elections, and that voters can be assured of the accuracy of current systems. However, the Department issued the directive for counties to have new voter-verifiable paper audit trail voting machines in place by the 2020 primary election, to address growing perceptions on security vulnerability. Marks acknowledged that one of the biggest concerns with the directive is funding, and noted that the administration is exploring every funding option available.
Dauphin County Bureau of Registration and Elections director Jerry Feaser then demonstrated his county's voting machines for the Committee, walking them through the processes and protocols the county uses to prepare, secure and seal the machines for each election.
CCAP provided written comments in support of SB 1249 as well, which can be found on CCAP's Legislative Action Center by clicking Legislative Testimony.
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HOUSE PANEL CONSIDERS PREVAILING WAGE BILL
On Sept. 24 the House Labor and Industry Committee reported HB 297, to update the definition of "maintenance" under the state's prevailing wage law, which delineates public works projects of more than $25,000 that are not subject to the law's requirements to pay prevailing wages.
Specifically the legislation, introduced by Rep. Cris Dush (R-Jefferson), would clarify that work related to dirt and gravel roads as well as low-maintenance roads are to be considered maintenance efforts rather than construction projects.
The bill's impact at the county level would be the Dirt and Gravel Road Program, which is administered and implemented by the county conservation districts. Act 89 of 2013, the transportation funding act, provided $30 million dollars in new funding for the program, which addresses issues of runoff and sediment, but funding continues to fall far short of identified need. House Bill 297 would treat these projects as maintenance rather than construction, and thereby exempt them from the prevailing wage requirement that can add as much as 15 percent estimated cost, in practice allowing at least a portion of Act 89 dollars to be used more effectively.
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SUNSHINE LAW AMENDMENTS MOVE IN HOUSE
The House State Government committee recently gave its unanimous approval to SB 1078, introduced by Sen. Tommy Tomlinson (R-Bucks), to amend the Sunshine Law to add an executive session option for the purpose of developing and reviewing plans related to security and emergency preparedness. Recent events have illustrated the need for governing bodies to be able to have confidential discussions about safety and security plans and protocols to afford protection of public facilities, public events and public meetings. The legislation is now before the full House for further consideration.
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COUNTY CODE REWRITE NEARING FINISH LINE
Legislation that will update and combine the County Code and Second Class County Code into a single, comprehensive statute is positioned for a final vote in the House as the fall session winds to a close. Senate Bill 1005, introduced by former CCAP member Sen. John Eichelberger, is the result of a multi-year effort coordinated by the Local Government Commission to bring counties' core statutes governing county operations, enacted in the 1950s, up to date with current need and practice. Although most changes are of a technical or conforming nature, it also makes substantive changes to the extent needed to incorporate case law or to delete obsolete language. The final product reflects the collaborative partnership and thoughtful input of both the legislature and local government partners.
Prior to the final House vote, an amendment offered by Rep. Lee James (R-Venango) was unanimously adopted to clarify provisions in the law regarding placement of flags on the graves of veterans. The amendment provides the flexibility to assure that cemeteries are able to be properly maintained throughout the year, while assuring our veterans are able to receive the honor and respect they deserve.
The amendment was collaboratively developed with the input of county veterans affairs directors. Similar language was also amended into HB 1471 by Rep. Jim Christiana (R-Beaver) to update the Second Class County Code. Both bills have been re-referred to the House Appropriations Committee. Senate Bill 1005 needs a House final vote and concurrence vote in the Senate to go to the Governor's desk.
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PA RECEIVES FEDERAL FUNDING FOR OPIOID CRISIS
Pennsylvania has secured two federal grants totaling more than $60 million to aid in its fight against the opioid epidemic. The first, a $5.1 million grant from the Centers for Disease Control, will assist the opioid operational command center created under Gov. Wolf's opioid disaster declaration in its coordination efforts among nine state agencies. In particular, the funding will be used to strengthen data collection and analysis, as well as training for first responders and outreach and education efforts. The other grant, at $55.9 million, was awarded to the state's Department of Drug and Alcohol Programs to support prevention, treatment, recovery, education and training.
Gov. Wolf has also signed the third renewal of his 90-day opioid disaster declaration, which was originally introduced in January, to allow state agencies to continue to work on initiatives to address the opioid crisis without interruption and to continue to build on previous efforts at prevention and treatment.
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ASSESSMENT REFORM BILLS APPROVED BY SENATE
Several bills developed by the Local Government Commission's Assessment Reform Task Force to improve the efficiency, transparency, modernization and fairness of Pennsylvania's property assessment system continue to move through the legislative process. On Sept. 25, the Senate gave its unanimous approval to SB 1007, which would make several clarifications and updates to the County Consolidated Assessment Law as they relate to assessment appeals. The legislation also institutes training requirements for assessment appeals board members on the topic of assessment valuation as well as legal and constitutional issues related to Pennsylvania's assessment process.
In addition, the Senate Appropriations Committee reported SB 689, to add two Certified Pennsylvania Evaluators (CPEs; the designation county assessors who value property must obtain) to serve on the State Board of Real Estate Appraisers, as well as SB 1006, which would offer counties additional options to follow up with municipalities and third party agencies when building permits are not being properly and timely submitted, so they can better gauge when improvements to property are occurring and assure each property is fully and fairly valued. Senate Bill 1006 alternately authorizes counties to require all persons making substantial improvements to submit a county improvement certification, to achieve the same goal.
Two other Task Force bills, SB 950 and SB 832, remain before the Senate Appropriations Committee. The former would establish a pilot program for counties to determine whether use of a uniform sales validation form would result in more accurate collection of real estate sales data that is used for purposes such as developing the common level ratio, while the latter would clarify that revaluation company personnel who are directly responsible for the valuation of property must be certified as CPEs.
All of the bills have been introduced by former CCAP member and Task Force chair Sen. John Eichelberger (R-Blair). It is anticipated that any of these bills that are approved by the Senate before the week of Oct. 3 may be scheduled for consideration by the House Local Government Committee that week.
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GOVERNOR CREATES CENSUS 2020 COMMISSION
Gov. Wolf has issued an executive order creating the Governor's Census 2020 Complete Count Commission to make recommendations for achieving the most accurate count of Pennsylvanians in the upcoming census. The commission will comprise 45 gubernatorial appointments, including representatives of business, academia, community and nonprofit organizations, elected and appointed officials and many others, who will aid the U. S. Census Bureau in recruiting Pennsylvanian census workers, educating the public about the importance of the census and developing partnerships with public and private sectors to achieve an accurate count. In addition, the commission will discuss strategies to reach hard-to-count populations.
Census data, which is updated every ten years, is critical to determining the number of Pennsylvania's congressional seats, guiding the distribution of more than $675 billion in federal funding, and providing important data used by the public and private sectors.
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