Number 13

June 19, 2020

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

 

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GENERAL ASSEMBLY SEEKS TO END DISASTER EMERGENCY    
On June 9, both the state Senate and the state House of Representatives approved HR 836 , a concurrent resolution seeking to terminate the state's Proclamation of Disaster Emergency, which Gov. Wolf originally signed on March 6 in response to COVID-19, and subsequently signed a 90-day extension on June 3. However, the legislature and the administration disagree on whether that resolution must be delivered to the Governor and therefore whether the resolution is or is not effective without the Governor's signature.
If HR 836 does take effect, it is also unclear what impact this might have on matters related to the emergency declaration, including relief from some eligibility requirements for unemployment compensation, telehealth and other healthcare services, as well as utility assistance, mortgage foreclosure and eviction moratoriums and various deadline extensions and suspensions that allow some licensed professionals to continuing working until they can safely renew licenses and credentials. The future of federal CARES Act funding, ability of local governments to purchase personal protective equipment and ability to activate the National Guard could also be in question with the termination of the disaster emergency.
While the Commonwealth Court had already agreed to hear arguments on June 29, the state Supreme Court announced on June 17 that it will be deciding the case. Therefore, all proceedings are now stayed until the Supreme Court acts; the petition only indicates that the Court will address the issue "in due course."      
GOV. WOLF SIGNS ELECTIONS REPORT BILL  
House Bill 2502 (Rep. Mihalek, R-Allegheny) was signed into law by Gov. Wolf on June 17 as Act 35 of 2020 . This act requires the Department of State to work with counties to issue a report on the 2020 primary election administration, including mail-in and absentee ballot data.
The report is due to be completed by Aug. 1; however, CCAP urges the General Assembly not to delay any proposed legislative changes until that time, stressing that in order to give counties the best opportunity to thoroughly respond to and prepare for any changes impacting the November election, they will need adequate time. Some preparations might involve developing new processes and procedures, educating voters and retraining poll workers, for instance. The state and counties must begin working together on the legislative and feedback process immediately, and not wait for the reports required by Act 35 to be final.  
SHERIFF'S FEE BILL ADVANCES IN SENATE
The Senate Judiciary Committee unanimously reported SB 1193 (Sen. Patrick Browne, R-Lehigh) on June 10. Senate Bill 1193 i ncreases the fees that fund reimbursements to counties for required sheriff and deputy sheriff training.
Currently, the PA Sheriff and Deputy Sheriff Education and Training Board Act is funded through a surcharge on all legal papers served by sheriffs' offices, which has not been increased since 2000. As requirements for training have expanded, revenues have not kept pace. Training costs and reimbursements have exceeded revenues for years,  and tough budgeting decisions have been made including reduction and cancellation of trainings and suspension of spending reimbursements for deputy sheriff training to counties. A cost of living increase to this 20-years stagnant fee for sheriff's education and training is a meaningful step toward helping counties cover the cost of mandated programs.
The bill is now before the full Senate .
MORE LEGISLATIVE HAPPENINGS 
With June budget discussions finished, both the House and Senate will be in session in late June to consider legislation before the anticipated summer recess. Below are updates on bills of interest to counties that have had recent movement or may be considered in the coming weeks:

HB 1032 (Rep. Lee James, R-Venango) - Amends the Real Estate Appraisers Certification Act to add two Certified Pennsylvania Evaluators (CPEs) to serve on the State Board of Certified Real Estate Appraisers. This bill is currently before the full Senate, having been amended by the Senate Consumer Protection and Professional Licensure Committee to also include language from HB 21 to create a new licensure for home inspectors.

HB 1033 (Rep. Dan Moul, R-Adams) - Clarifies that revaluation company personnel with whom a county contracts to complete a countywide reassessment must be certified as CPEs - the same designation that must be must be obtained by county assessors who are responsible for valuing property for real estate tax purposes; it does not affect the certification requirements for real estate appraisers. Both HB 1032 and HB 1033 are products of the Local Government Commission's Assessment Reform Task Force. This bill is currently in the Senate Appropriations Committee.

HB 1564 (Rep. Joe Emrick, R-Northampton) - Amendments adopted by the Senate Local Government Committee would extend the deadline for county boards of assessment appeals training an additional six months after the state's emergency declaration is lifted. Those amendments also include an extension for notices and appeals in Delaware County's court-ordered countywide assessment, which has also been impacted by the public health emergency. This bill is currently in the Senate Appropriations Committee.

HB 2348 (Rep. Martin Causer, R-McKean) - Establishes the Unserved High-Speed Broadband Funding Program Account to aid in the expansion of broadband services across the commonwealth. This bill unanimously approved by the House and now moves to the Senate for consideration.

HB 2407 (Rep. Garth Everett, R-Lycoming) - Clarifies provisions of Act 12 of 2020 to allow for simpler language to explain the process for a voter who receives a mail-in ballot but decides to vote in person instead. The bill is scheduled for consideration in the House State Government Committee on June 22.
 
HB 2418 (Rep. Tim O'Neal, R-Washington) - Amendments by the Senate Finance Committee added language to reauthorize the State Geospatial Coordinating Board, a joint advisory board tasked to improve coordination and efficiency of GIS policies and data collection, until 2024. The current board, established by Act 178 of 2014, will sunset on June 30, 2020.

SB 494 (Sen. Scott Martin, R-Lancaster) - Extends the law to cover any contract or purchase where bids are required but not received, under the same terms as the current law. If no bids are received for a contract for services after two advertisements, the local government would be able to initiate negotiations for a contract to obtain the services advertised. This legislation was approved unanimously the Senate on June 9 and moves to the House for consideration.

SB 1118 (Rep. Joe Pittman, R-Indiana) - Allows for an electric co-op to provide broadband services or construct, operate and maintain broadband facilities through an existing easement owned, held or used by the electric cooperative corporation. The bill is set for consideration by the Senate Communications and Technology Committee on June 22
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IFO RELEASES COUNTY INCOME TRENDS
In mid-June, the Independent Fiscal Office (IFO) released a report on county income patterns, analyzing population change, personal income growth and per capita figures to paint a picture of economic well-being at the county level.

From 2016 to 2018, Pennsylvania's population expanded at an average rate of 0.1% annually. While the northern and western regions of the state generally recorded contractions, the southern and southeast regions recorded moderate gains. During the same time, nearly all Pennsylvania counties recorded personal income gains, although once adjusted for inflation, may not actually indicate real gains at a countywide level. For 2018, the statewide weighted personal average income per capita was around $56,200, ranging from around $38,600 to $82,800 across counties, with 5 counties recording per capita income levels below $40,000, which is a large reduction from last year's report of 16.
The report, including county-specific details, can be found on the IFO website at www.ifo.state.pa.us/ under the Featured Releases heading.
PUC POSTS $200 MILLION IN GAS DRILLING IMPACT FEES 
The Pennsylvania Public Utility Commission (PUC) posted details of the 2019 distribution of impact fees on natural gas producers amounting to $200,364,500. Of that amount, county and municipal governments directly impacted by drilling will receive $109,180,326. This year's distribution is approximately $42.6 million lower than last year, mostly due to a lower average price of natural gas in 2019 versus 2018. Details are available on the CCAP website under Resources and Reports, or directly at https://www.pacounties.org/GR/Pages/Act13.aspx.
OOR UPDATES RIGHT-TO-KNOW GUIDANCE
The state Office of Open Records (OOR) recently issued an updated advisory related to the Right-to-Know Law (RTKL), to assist agencies and requesters with navigating issues related to the ongoing coronavirus emergency. Under the most recent advisory, the OOR indicates that agencies now in the yellow or green phases should process RTKL requests and participate in RTKL appeals as they would normally. Due to the current pandemic, exceptions may be necessary, and the OOR will continue to address those on a case-by-case basis.
Additionally, OOR has published a new resource, The Right-to-Know Law Case Law Index , designed to help requesters, agencies and attorneys quickly find significant RTKL cases. For more information and to access the Sunshine Act and RTKL guidance advisories, visit www.openrecordspennsylvania.com .
NACO ANNUAL BUSINESS MEETING AND TOWN HALL
Despite the cancellation of the National Association of Counties (NACo) Annual Conference, a virtual Annual Business Meeting is scheduled for July 20 at 2 p.m. and Town Hall for July 13 at 4 p.m. Both events are open to all NACo members, and registration is free. More information and the links to register are available at  www.naco.org.