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AFTER VETO, GOV. WOLF AUTHORIZES BOND TO FUND ELECTION EQUIPMENT
Gov. Wolf announced on July 9 that the commonwealth would begin work to issue a bond that would provide $90 million to reimburse counties for 60 percent of their actual costs to purchase new voter verifiable paper trail elections systems.
Under the Governor's arrangement, the Pennsylvania Economic Development Financing Authority (PEDFA) would be asked to issue bonds, and the Department of State (DOS) would then make grants available to counties. DOS would also offer counties that currently have paper ballot voting systems the opportunity to request an extension until June 2021 to replace their equipment, but at a discounted reimbursement; counties that implement new systems by the April 2020 primary election would receive their full share of federal and state funds, as financial incentive to replace on the current schedule.
A similar funding proposal had been included in SB 48, which had been amended by the General Assembly to provide for a $90 million PEDFA bond issuance for county voting apparatus. However, Gov. Wolf vetoed that legislation on July 5, in reaction to language in the bill creating a procedure for DOS to follow if it intended to decertify machines in more than half of the counties, citing concerns about the ability of the commonwealth and counties to quickly respond to flaws that would require the decertification of large numbers of machines fewer than 180 days before an election. The veto was also linked to language in the bill eliminating the straight party ballot option, which the Governor argued would remove a convenient voting option and could lead to voter confusion and longer lines. Other language in SB 48 unrelated to the veto would have changed the dates for application, mailing and receipt of absentee ballots, reduced the number of ballots counties would be required to print, and added requirements for counties to keep a log of absentee ballots.
Additional details on the timing of state funding and how counties may access the DOS grants under the bond arrangement will be forthcoming.
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U.S. HOUSE PASSES ELECTION SECURITY BILL
In late June, the U.S. House of Representatives approved the Securing America's Federal Elections (SAFE) Act, H.R. 2722, by a 225-184 vote. The legislation mandates voter-verified paper ballots, hand recounts of federal elections, and risk-limiting post-audits. In addition, $600 million would be authorized in FY 2019, and an additional $175 million in every even-numbered year through 2026, for states to replace voting systems, make security improvements and meet the bill's mandates. The U.S. Senate is also working on separate election-related legislation, and so the prospects for the SAFE Act or any similar legislation remain uncertain.
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BROADBAND PILOT FUNDING, STUDIES AUTHORIZED
Several broadband initiatives were approved by the Pennsylvania General Assembly at the end of June, signaling the continued importance the issue continues to have among policy makers. Rural broadband expansion is also a county priority for 2019.
Two Senate resolutions were adopted which authorize studies related to broadband, both introduced by Sen. Kristin Phillips-Hill (R-York). The first, SR 47, establishes a legislative task force on the delivery of high-speed broadband services and directs the Joint State Government Commission (JSGC) to conduct a study on service delivery in unserved and underserved areas. The JSGC is to make recommendations on collaborative partnerships and other means of extending broadband, as well as possible funding mechanisms. It is to issue its initial report within one year, and another four reports within the following year.
The second resolution, SR 48, directs the JSGC and the Legislative Budget and Finance Committee (LBFC) to conduct a review of telecommunication carriers' compliance with the high-speed broadband deployment mandates of the PUC, and whether carriers have fulfilled their commitments to accelerate broadband availability to 100% of their total retail access lines by Dec. 31, 2015. A similar resolution, HR 64, was introduced in the House by former CCAP member Rep. Pam Snyder (D-Greene).
In addition, as a part of the Fiscal Code amendment, SB 712, that was adopted along with the FY 2019-2020 state budget, $300,000 was earmarked through the Keystone Communities program to establish a broadband expansion pilot program as a joint venture between two local development districts. Another $300,000 was designated to fund innovative pilot programs that would provide or expand cost-effective broadband services to underserved rural areas.
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INCREASE IN PHARE FUNDING ENACTED
Amendments to the state's Tax Reform Code (HB 262, now Act 13 of 2019) that were adopted along with the FY 2019-2020 budget will allow for increased funding to the Pennsylvania Housing Affordability and Rehabilitation (PHARE) Fund.
The PHARE program was originally established in 2010 to provide the mechanism by which certain state and federal funds, administered by the Pennsylvania Housing Finance Agency (PHFA), would be used to support affordable housing projects throughout the state. It did not initially allocate any state funding but starting in 2012, the program has received a portion of the natural gas impact fees collected under Act 13 of 2012 ($5 million annually, with the potential for additional revenues after municipal disbursement of the impact fees). Those funds can be distributed only to counties where unconventional gas wells were located to address the need for affordable housing in those locations. Beginning in 2015 funds were provided for projects statewide from the state's realty transfer tax, although that amount was capped at $25 million annually. The latest changes under Act 13 of 2019 will now allow that cap to be expanded to $40 million annually. The PHARE program also includes funding from the National Housing Trust Fund.
The PHFA met on July 11 to award PHARE funding for FY 2018-2019, allocating $51.4 million for 212 housing and community development initiatives across all 67 counties. Projects include rental assistance, blight remediation initiatives and rental housing preservation and rehabilitation. At least $36.6 million is expected to be used to fund housing projects benefitting households with incomes below 50 percent of the area median income.
More information on the PHARE program and eligibility requirements can be found on the PHFA website, www.phfa.org.
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LAW TO CLARIFY SHERIFF AUTHORITY IN SCHOOLS
Measures to clarify school safety provisions of the Public School Code were enacted in early July, including the role sheriffs and sheriff deputies may take.
Act 44 of 2018 had spelled out the authority and responsibilities of school police officers, school resource officers and school security guards, but the language had been unclear as to whether sheriffs could serve as school resource officers. Amendments made in SB 621, which has been signed into law as Act 67 of 2019, now explicitly indicate that an active certified sheriff or deputy sheriff may be a school resource officer, under written agreement between the county, the sheriff's office and the school entity. Act 67 also specifies that a school resource officer must complete the Basic School Resource Officer Course of Instruction offered by the National Association of School Resource Officers or an equivalent course approved by the Pennsylvania Commission on Crime and Delinquency.
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ACTS AFFECTING COUNTY GOVERNMENT
Concurrent with the passage of the state budget in late June, the General Assembly sent a number of bills to the Governor's desk to be signed into law. A list of new acts affecting county government, including the bill number, the date the bill was signed and a brief summary, is available on CCAP's Legislative Action Center.
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RESOLUTIONS ADOPTED AT NACO ANNUAL CONFERENCE
Two policy resolutions sponsored by Berks County commissioner Christian Leinbach were approved by the NACo membership during the recently concluded NACo Annual Conference in Clark County, Nev. One continued a policy resolution previously offered by Leinbach, which supports a coordinated effort between federal, state and local governments to eradicate the spotted lanternfly, and calls on the federal government to provide significant financial resources to assist Pennsylvania and county governments in combatting the spread of the invasive species.
The second resolution continues NACo's opposition to the Affordable Care Act's 40 percent excise tax on high-cost employer-provided health benefits, also referred to as the "Cadillac Tax." The policy specifically supports H.R. 748 which would repeal the tax; the U.S. House of Representatives approved the legislation just days later on July 17 by a 419-6 vote.
Both resolutions were 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 will be available on NACo's Legislation and Policy web page.
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VOTING MATTERS
In mid-July, each CCAP member will be emailed a voting matters packet with items to be considered at the Tuesday business meeting of the upcoming CCAP Annual Conference at the Doubletree by Hilton and Santander Arena in Berks County. The agenda packet will include proposed policy resolutions, a proposed bylaws change, and information on officer elections and site selection for the 2024 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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