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Legislative Bulletin
 

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        Number 10
 May 17, 2013

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LEGISLATIVE BULLETIN

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Association of Pennsylvania

 

 

 

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BUDGET UPDATE   

  

Although media reports had indicated that the House Republican caucus might introduce legislation outlining its budget proposal for FY 2013-2014 the week of May 13, the House adjourned for its Primary/Memorial Day recess on May 15 without releasing a bill. Instead, prior to the recess, House Appropriations Committee chair Bill Adolph (R-Delaware) said that while the bill is still a work in progress, he expects legislation to be introduced on May 28. The plan is then to report the bill out of the House Appropriations Committee when the General Assembly returns to session on June 3, with floor debate to be conducted the week of June 10.

 

While Adolph did not indicate what the final budget number of the proposal will look like, he told the media that the number would not be higher than the $28.4 billion budget proposed by the Governor in February. Also, the bill will not take into account a projected $175 million in savings from proposed legislation to reform the state and school pension systems which the Governor had incorporated into his budget proposal. Complicating the House work, initial revenue projections released by the Independent Fiscal Office in early May show that Commonwealth revenues for FY 2012-2013 will finish about $242 million lower than Governor Corbett projected in his February budget address, and revenues for FY 2013-2014 will be $278 million less.

 

A little more than six weeks remain before the constitutional deadline for approving a fiscal plan for the coming year. CCAP will be providing analysis of the budget bills as quickly as possible after introduction, and updated information will be posted on the Budget News page of the CCAP website. 

 


BLOCK GRANT UPDATE  

 

As part of his budget proposal, Gov. Corbett also announced his plan to allow any interested county to participate in the human services block grant. While the Governor originally proposed a block grant program for all counties as part of the FY 2012-2013 budget, last-minute negotiations scaled back the proposal to a pilot available to only 20 counties.

 

Thirty counties applied, and the ten not selected would have been included in the program under HB 461, a proposal by former Schuylkill County Commissioner Rep. Jerry Knowles. In April, the Knowles proposal was scheduled for consideration in the House Health Committee, but it was removed from the agenda prior to the meeting. In the Senate, Sen. Pat Vance (R-Cumberland) is now circulating a request for co-sponsors on a bill that would allow any willing and capable county to apply to become a block grant county in FY 2013-2014.

 

Expansion of the block grant is part of the 2013 county priority for human services system reform, and CCAP has offered strong support for the Governor's proposal, as well as for HB 461, and is calling on Senate members to cosponsor the Vance bill. Further debate on extension of the human services block grant is expected concurrent to the state budget.

 

In other developments, the House Human Services Committee held a public hearing on the human services block grant, including examination of how counties have been impacted by the 10 percent cuts across human services line items in the FY 2012-2013 block grant. Dauphin County Commissioner and CCAP Human Services Committee Chair George P. Hartwick spoke to the committee about his county's experience implementing the block grant, including opportunities for public involvement, mechanisms being instituted to measure effectiveness, and how the flexibility has allowed his county to avoid more severe impacts for constituents. Other panels offered remarks to the committee as well, including county program area professionals, statewide provider organizations, and a panel of attorneys. While testifiers had divergent opinions on the block grant, all indicated that further cuts in human services are unsustainable.  

 

JURY COMMISSIONER BILL SIGNED INTO LAW 

 

Governor Corbett has signed SB 808, legislation to restore authority for county commissioners to abolish the office of jury commissioner, into law as Act 4 of 2013. The act took effect immediately upon his signature.

 

Act 4 reverses the March 14 decision of the PA Supreme Court declaring Act 108 of 2011 in violation of the constitution's single subject rule. The Act reinstates the provisions of Act 108, although removing that Act's prohibition against action to abolish the office in the year jury commissioners are on the ballot, thus allowing adoption of a resolution by the county commissioners this year. Under Act 108, 42 counties had taken action to abolish the office.

 

CCAP expresses its appreciation to the bill's sponsor, Sen. Lloyd Smucker (R-Lancaster), and to Rep. RoseMarie Swanger (R-Lebanon) who introduced comparable legislation (HB 1199) in the House. 

 

COUNTY VETERANS DIRECTORS  

          

Senate Bill 302, legislation achieving CCAP's 2013 priority requiring accreditation for county veterans' affairs directors, was signed into law on May 15 as Act 5 of 2013. The act takes effect in 60 days.

 

The act, introduced by Sen. Lisa Baker (R-Luzerne), requires all county directors of veterans' affairs to maintain a Department of Veterans Affairs accreditation, and to undergo training established by the state Department of Military and Veterans Affairs or one of several nationally accredited veterans' organizations. A one-year time frame is provided for both current and newly appointed directors to achieve the required accreditation, with recertification every five years.

 

Counties have direct responsibility to provide assistance to veterans through appointment of county directors of veterans' affairs. Act 5 assures county directors have the tools they need to continue to actively engage in military and veterans' issues and to provide the most comprehensive services possible.   

 

COMMITTEE DISCUSSES MENTAL HEALTH AND CORRECTIONS   

          

The House Democratic Policy Committee held a hearing on May 9 to discuss mental health issues and the criminal justice system, which is a CCAP priority for 2013. County testimony was presented at the hearing by Kevin Barnhardt, Berks County Commissioner and chair of CCAP's Courts and Corrections Committee.

 

In his testimony, Barnhardt explained that while county jails have successfully instituted best practices aimed at reducing populations in general, inmates with mental illness and substance abuse issues remain a fast-growing population and present a unique set of circumstances. Barnhardt commented that while studies have shown that effective treatment for mental health and substance abuse reduces admissions and readmissions to county jails, there is currently no comprehensive system available to provide these services.

 

As part of its 2013 priority, CCAP supports providing health care for inmates through low-cost benefit programs, funding for effective re-entry and diversion programs, and changing state policy from termination of Medicaid benefits during incarceration to suspension of benefits which would improve continuity of treatment.

 

Others testifying at the hearing included law enforcement officials, as well as representatives of the Department of Corrections and mental health care providers. Barnhardt's full testimony is available on the CCAP Government Relations web page

 

CHILD ABUSE DEFINITION DISCUSSED      

          

On May 16, the House Children and Youth Committee held a hearing on HB 726, legislation introduced by Rep. Scott Petri (R-Bucks) that would amend the definitions in the Child Protective Services Law related to the concept of child abuse. The changes address recommendations of the Task Force on Child Protection, which in 2012 was tasked with reviewing state laws and procedures governing child protection and child abuse reporting.

 

Charles Songer, executive director of the Pennsylvania Children and Youth Administrators Association (PCYA), an affiliate of CCAP, described to the committee how the proposed changes would affect child abuse investigations undertaken by county children and youth agencies. He cautioned that while PCYA agrees with the intent of HB 726 to ensure that fewer cases go unreported and lead to better and more referrals, any changes need to be carefully considered with the goal of successfully intervening in cases of suspected child abuse.

 

Songer also noted that any changes will directly impact staff resources at the state and county level, and emphasized that this is not an area where either can do more with less. To that point, he also expressed the need for a well-trained and stable county children and youth workforce, noting that efforts to better prevent and treat child abuse will fall short without addressing retention, continuing education and skill building. Songer's testimony is available on the CCAP Government Relations web page.   

 

ON-LOT SEWAGE BILL MOVES FORWARD      

          

The House Environmental Resources and Energy Committee met on May 15 to consider HB 1325, legislation clarifying that on-lot septic systems approved by DEP under the current Act 537 regulations meet anti-degradation requirements. The committee reported the bill as committed by a 17-7 vote, although noting that technical amendments may be necessary.

 

The bill, introduced by Rep. David Maloney (R-Berks), amends the Pennsylvania Sewage Facilities Act in response to work begun by the Department of Environmental Protection (DEP) on technical guidance for on-lot permits in exceptional and high value watersheds based on a decision by the Environmental Hearing Board in Pine Creek Valley Watershed Association v DEP. The guidance has the potential to have a significant impact on local planning and land use decisions and local economic development in some parts of the state, without guaranteeing reductions in levels of nitrates for which there is no demonstrable problem from on-lot septic systems.  

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