Number 8

April 10, 2020

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LEGISLATIVE BULLETIN
An e-newsletter of the
County Commissioners 
Association of Pennsylvania

 

IN THIS ISSUE
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ELECTRONIC PUBLICATION ONLY    
The Legislative Bulletin is being published only via this electronic newsletter this week. Hard copies will not be provided.     
STAYING INFORMED ABOUT COVID-19
As the situation related to the spread of COVID-19 continues to change on a daily and even hourly basis, CCAP is gathering the latest information provided by state and federal agencies. We recognize this is a challenging situation for all of our counties and will continue to provide information and resources as they become available.
CCAP encourages all counties to use the CDC and Pennsylvania Department of Health resources as the most up-to-date and accurate sources of information and for communicating information with constituents.
On April 1, Gov. Wolf extended the Stay-At-Home order to all PA counties. The latest information and resources from the administration are captured on a state COVID-19 Response website .
CCAP has also developed a COVID-19 Resources web page with information for counties that is updated frequently, while the National Association of Counties (NACo) website provides resources related to federal agencies and legislative activity .
GOV. WOLF ORDERS FLAG TO HALF-STAFF TO HONOR COVID-19 VICTIMS  
In an April 7 release, Gov. Wolf joined surrounding states in ordering commonwealth flags on all commonwealth facilities, public buildings and grounds to half-staff to honor those who have died from COVID-19. Noting that the social distancing measures implemented are impacting the ability to honor loved ones at traditional gatherings, the administration hopes this symbolic flag lowering will provide some solace to those grieving the loss of loved ones and a reminder of the sacrifices Pennsylvanians are making throughout the pandemic.
IFO RELEASES REVENUE PROJECTIONS CONSIDERING COVID-19 IMPACT 
On April 8, the Independent Fiscal Office (IFO) released an updated revenue projection for FY 2019-2020 and a preliminary projection for FY 2020-2021 using two possible scenarios for business closures due to the COVID-19 virus, assuming a six-week to ten-week closure. The report suggests that between the current fiscal year and the coming fiscal year, which begins on July 1, Pennsylvania could see revenues fall between $2.7 billion and $3.9 billion due to the COVID-19 state shutdown, with $1.3 billion to $1.8 billion of that attributed to the current fiscal year, although an expected $400 million to $500 million from federal stimulus aid could help to mitigate this impact.
The IFO will release its preliminary revenue estimate for FY 2020-2021, as required by law, on May 20, when there will be more data available regarding the revenue situation and actual impacts of COVID-19 on the current fiscal year .
SENATE BILL 841 PROVIDES EMERGENCY FLEXIBILITY TO LOCAL GOVERNMENTS 
Senate Bill 841 was amended by the Senate Rules and Executive Nominations Committee on April 6 with language that would provide flexibility in several areas of local government operations during the COVID-19 disaster emergency. This bill was later unanimously approved by the full Senate via remote video session and awaits a concurrence vote in the House. The following additions to the bill are notable to counties:
 
Emergency Remote Meeting Guidance: The amendments would add a subchapter to Title 35 to confirm the authority of local governments to use remote telecommunication tools for the duration of the COVID-19 disaster declaration in order to hold public meetings and conduct public business, thus allowing social distancing to be maintained. In addition, the amendments clarify that a physical quorum does not need to be established as long as there is a quorum of individuals using the telecommunications device and specifies requirements for advance notice of meetings and means of public participation.
 
Local Property Tax Deadline Options: Language added to SB 841 would affirm and give guidance to local governments regarding their authority to amend property tax collection deadlines due to the COVID-19 disaster. Specifically, the amendments would allow local governments to consider local needs and extend the discount period until as late as Aug. 31, and to waive penalties or fees associated with late payments if the taxes are paid in full by Dec. 31, 2020. 
 
Remote Notarization Authority: Additionally, provisions added to SB 841 allow for remote notarization through communication technology during the COVID-19 pandemic. Allowing for remote notarization would, for example, allow county row offices, such as the recorder of deeds, to continue to process important documents and meet deadlines in the face of uncertain timelines for returning to normal operations.
FEDERAL CORONAVIRUS LEGISLATION
The U.S. Congress has been negotiating emergency legislation in response to the rapidly-changing coronavirus pandemic.
Coronavirus Aid, Relief and Economic Security Act: A third federal aid package, the Coronavirus Aid, Relief and Economic Security (CARES) Act (H.R. 748), providing $2 trillion in aid, was signed into law on March 27. This relief package, the biggest in U.S. history, includes hundreds of billions of dollars in grants and loans to industries and small businesses, direct cash payments to taxpayers and a significant expansion of unemployment benefits.
Some of the highlights for counties include $150 billion in aid for states and direct assistance for local governments with a population of more than 500,000 for new expenditures associated with the COVID-19 pandemic; local governments with a population of less than 500,000 may be eligible as subgrantees of the state funding. Another $500 billion is allocated for the Economic Stabilization Fund, authorizing the U.S. Treasury to purchase municipal bonds due to losses incurred as a result of COVID-19, while additional funding is also provided for hospitals and health care facilities and the Temporary Assistance for Needy Families (TANF) program is extended. The CARES Act further provides $330 billion in various emergency supplemental appropriations. More details are available in the National Association of Counties' analysis .
IFO RELEASES PROPERTY TAX ANALYSIS
The IFO recently released a report on property tax across the commonwealth. The report, triggered by questions on property tax burden during recent appropriations budget hearings, shows collective property tax information across all 67 counties.
In the report, the IFO found that of the 3.48 million owner-occupied households in Pennsylvania, each household paid an average of $3,457 in combined school, county and municipal property taxes, or 3.4% of total household income. Based on property tax collection data reported by the Pennsylvania Department of Education (PDE) and Department of Community and Economic Development (DCED), the IFO estimates that 70% of total property tax is levied by school districts and 30% is levied by counties and municipalities. The full report can be found on the IFO website, http://www.ifo.state.pa.us.
County property tax reform is one of the 2020 county legislative priorities. For more information, please visit the Priorities page on the CCAP website, www.pacounties.org.
SENATE ADVANCES GEOSPATIAL COORDINATING BOARD EXTENSION LEGISLATION
The Senate State Government Committee recently met to consider SB 1027, introduced by Sen. John Gordner (R-Columbia), which would extend the sunset of the State Geospatial Coordinating Board. This joint advisory board, which includes county representation, was established by Act 178 of 2014 to improve coordination and efficiency of GIS policies and data collection, and is set to expire on June 30, 2020, which would be extended until 2024 under SB 1027. The bill was amended in committee to add a representative from the Department of Agriculture, as well as other technical clarifications. As amended, the bill was unanimously reported by the committee and has been re-referred to the Senate Appropriations Committee.
ELECTIONS CONSTITUTIONAL AMENDMENTS ADVANCE
The House State Government Committee recently took action on two proposed constitutional amendments to update commonwealth election practices.
The committee unanimously approved SB 412 , introduced by Sen. Pat Stefano (R-Fayette), which would remove the current constitutional restriction preventing public employees from serving as poll workers. In addition, the committee unanimously approved SB 413 , offered by former CCAP member Sen. Scott Martin (R-Lancaster) to remove language from the constitution requiring a separate ballot or column for judicial retention elections. Senate Bill 413 was also amended in committee with language mirroring SB 411 , which would remove restrictions in the constitution to allow any qualified voter to vote by absentee ballot without excuse.
Both bills now go to the full House for its consideration. In order to be adopted into the state's constitution, each bill would need to be approved by the General Assembly with the same language in this and the next legislative session, and then approved by a statewide voter referendum .
ACT 13 REPORTS DUE APRIL 15
Local Government Unconventional Gas Well Fund Usage Reports required under Act 13 of 2012 are due to the PUC by April 15, 2020; this deadline has not changed. All Local Government Unconventional Gas Well Funds received in 2019 must be reported. Details about the usage reports, including necessary information regarding the online and paper reporting systems, can be found in CCAP's Act 13 Frequently Asked Questions or on our Act 13/Shale Gas Resources web page. Reports can be filed electronically via the Act 13 Reporting website or via paper form.