FY 2019-2020 BUDGET NEGOTIATIONS CONTINUE; ELECTION EQUIPMENT FUNDING REMAINS IN FLUX            

As this Bulletin goes to print on June 21, House and Senate leaders together with Gov. Wolf remain in negotiations around the FY 2019-2020 state budget. Both chambers are expected to return to session on June 24 for the final push to complete the state's spending plan ahead of the July 1 start of the fiscal year, including an appropriations bill as well as amendments to the Fiscal Code and Human Services Code to implement the budget.

As of the end of May, fiscal-year-to-date collections were about $813 million above estimate, with a projected year-end of $886 million. The state's Independent Fiscal Office (IFO) was scheduled to release its final revenue estimates for FY 2019-2020 by June 20; although information was not available before the Bulletin went to print, in its initial revenue forecast offered on May 20, the IFO projected the state will have about $35.8 billion available for FY 2019-2020, or an increase of $994 million over current year.

Counties' top priority remains funding for election equipment replacement, which is driven by the Stein settlement agreement, and is legally binding on the commonwealth, and thus on counties. Counties seek maximum funding from the state and federal government for equipment replacement as part of the state budget process - any equipment replacement dollars that do not come from state or federal funds will be property tax dollars.

In recent days, other elements have become part of the General Assembly's discussions around elections matters, including movement on SB 48, Sen. John Gordner's (R-Columbia) legislation to provide a procedure for decertification of voting equipment by the state, specifically in circumstances where 50 percent of the counties are affected. On June 19, the House State Government Committee adopted an amendment to SB 48 that included additional election reforms, such as reduction in the number of ballots required to be printed, modified absentee ballot timelines, and removal of the straight-party ballot option. Future amendments, including amendments related to funding for voting machines, may be considered as the bill continues through the legislative process.

Another county priority is to support full state funding for human services programs in the face of years of increasing mandates and caseloads, exacerbated by stagnant and even declining program funding. Counties also oppose any attempt to eliminate the Behavioral HealthChoices carveout, directly or as an amendment to budget legislation, completely or as a pilot of any size. Placing behavioral health services back into the physical HealthChoices program would unavoidably and pointlessly disrupt care for our most vulnerable citizens.  

SENATE ADVANCES ELECTION REFORM BILLS   

On June 18, the Senate State Government Committee took action on a package of election reform legislation designed to update and modernize the current election process in the commonwealth, covering a variety of issues such as open primaries, ballot printing requirements and absentee voting.

The committee reported both SB 411, sponsored by committee chair Sen. Mike Folmer (R-Lebanon), and SB 414, introduced by former CCAP member Sen. Judy Schwank (D-Berks), a constitutional amendment and legislation, respectively, to permit no-excuse absentee ballots. In addition, SB 414 updates timelines for submission of absentee ballots, both by mail and in person.

The committee also reported Sen. Pat Stefano's (R-Fayette) SB 418 to change the required number of ballots to be printed from the current 10 percent more than the number of registered voters to 10 percent more than the highest number of ballots cast over the prior three cycles of the same election, which will reduce wasted resources and unnecessary costs. Further, SB 421 won the unanimous approval of the committee; Sen. Lisa Boscola's (D-Northampton) bill would eliminate the straight party ballot option.

Legislation to allow all unenrolled electors - those who have selected "no affiliation" on their voter registration - to cast their vote on either the Republican or Democratic ballot in a primary election was also supported by the committee. Sen. Joe Scarnati's SB 300 would change the current law that allows only those individuals registered with the Republican or Democratic party to cast their ballot in the primary elections, and only for candidates in the party for which they are registered.

Finally, the State Government Committee reported SB 422, introduced by Sen. Elder Vogel (R-Beaver), which would create a commission to advise the General Assembly on amendments to the Election Code. The bill follows a recommendation of the Joint State Government Commission, recognizing that practitioner and stakeholder expertise is critical to the development of law and policy governing elections. County government would specifically be represented on the commission.

The bills were the subject of a hearing held by the State Government Committee on April 30; CCAP's comments on the legislation can be found on the Legislative Action Center by clicking on Legislative Testimony. The bills are now before the full Senate for consideration.

911 REAUTHORIZATION

Legislation to reauthorize the 911 Public Safety Emergency Telephone Act, signed into law in 2015, is anticipated to take its final steps toward the Governor's desk the week of June 24, ahead of the law's June 30 sunset date.

Both SB 127, sponsored by Sen. Mike Regan (R-Cumberland) and HB 859, offered by Rep. Stephen Barrar (R-Delaware), were introduced earlier this year to extend the current law's provisions. Each bill has since been approved by its respective chamber of origination, and in early June both bills were amended to mirror one another with a four-and-a-half year extension.

The bills also add the State Fire Commissioner and the chair of the State Geospatial Coordinating Board as voting members of the 911 Board. In addition, each bill requires counties to make reasonable efforts to ensure GIS information is available to support NextGen 911 delivery, and would permit PEMA to use discretionary funds under the law to purchase a statewide system to allow individuals to have their disabilities associated with a phone number, so a 911 operator would have access to that information during a call.

Several remaining pieces of legislation crafted by the Local Government Commission's Assessment Reform Task Force, which are also part of CCAP's priority on assessment reform, recently won the approval of the House. The bills include HB 1032, Rep. Lee James' (R-Venango) legislation to add two Certified Pennsylvania Evaluators (CPEs, the designation which much be obtained by county assessors who are responsible for valuing property) to the State Board of Certified Real Estate Appraisers and HB 1033, sponsored by Rep. Dan Moul (R-Adams), which would clarify that third-party contractors hired to complete countywide reassessments must be certified as CPEs. The House also approved Rep. Garth Everett's (R-Lycoming) HB 1034 to improve proper and timely submission of building permits to county assessment offices. The package of bills now go to the Senate for consideration.

Relatedly, on June 18, the Senate Local Government Committee reported SB 493, a companion bill to HB 1034 introduced by Sen. Tim Kearney (D-Delaware).

Elk County commissioner Matt Quesenberry testified with other local government officials on storm water management before a joint hearing of the House Local Government and House Environmental Resources and Energy committees on June 19.

While the hearing focused largely on MS4s and the mandated compliance costs for municipalities, Quesenberry advocated for a broader perspective on storm water and emphasized the need to address legacy issues and not just focus on planning for future development. He also suggested more technical assistance is needed to figure out the root causes of storm water problems and downstream flooding, so that funding can be more effectively prioritized. In addition, partnership with state agencies is critical, with best management practices also being important on publicly owned lands and as components of other infrastructure projects.

Quesenberry's full comments can be found by clicking Legislative Testimony on CCAP's Legislative Action Center.

The House State Government Committee recently advanced HB 1069, sponsored by Rep. Aaron Bernstine (R-Lawrence), which would amend the Sunshine Act to require local government agencies to post meeting agendas outlining agency business that will or may be considered on their website at least 24 hours prior to a meeting.

As originally introduced, an agency would have been precluded from taking action on any item not contained in the posted meeting agenda, except in case of an emergency posing a danger to life or property, or if the matter were minor and did not involve expenditure or approval of a contract. Local governments raised concerns that this language would prevent them from addressing time-sensitive matters that did not otherwise meet the emergency criteria, such as grant application or state contract approvals. These concerns were mitigated by an amendment that would allow items to be added to the agenda by majority vote of those present and voting at the meeting. As amended, HB 1069 was reported 20-4 from committee and now goes to the full House for consideration.