Capitol Report
Following is a listing of executive and legislative action for Nov. 17 and the week of Nov. 20. Both houses of the General Assembly were in recess. The state House of Representatives was scheduled to return to session on Dec. 4. The Pennsylvania Senate was scheduled to come back to session on Dec. 11.
November 22, 2017 at 01:26 PM
5 minute read
Following is a listing of executive and legislative action for Nov. 17 and the week of Nov. 20. Both houses of the General Assembly were in recess. The state House of Representatives was scheduled to return to session on Dec. 4. The Pennsylvania Senate was scheduled to come back to session on Dec. 11.
JUDICIARY BILLS
The state House of Representatives Judiciary Committee cleared a series of measures on Nov. 21, moving them on to the full House for consideration. Among them were the following:
• HB 983, which would amend the Domestic Relations Code to provide that a party who has been convicted of committing a personal injury crime against the other party shall not be eligible for spousal support or alimony pendente lite during the divorce process.
• HB 1644, which would codify the collaborative law process—a voluntary alternative dispute resolution process for parties that seek to have their legal matters resolved outside the courtroom, which is already used by hundreds of attorneys in the state. Its sponsor, state Rep. Kate Klunk, R-York, said it was aimed at speeding up legal processes and reducing the financial and emotional toll placed upon those involved in matters such as divorce.
• HB 1738, which would permit police officers who have undergone mandatory training and are fully certified under the Municipal Police Officers' Education and Training Act to act with full authority outside of their jurisdiction. Committee Chairman Ron Marsico, R-Dauphin, said the bill would provide additional protection to the public and other officers.
• HB 1918, which would create the new crime of possession and use of unlawful devices, relating to card skimming. The offense applies if a person, with the intent to defraud, uses or possesses a device that is designed to read and store payment card information other than for the purpose of processing the information for a financial transaction. A first offense would be graded as a felony of the third degree and a second offense is a second-degree felony.
DEMOCRATIC CONVENTION
Auditor General Eugene DePasquale on Nov. 20 said a review of the Democratic National Convention Philadelphia 2016 Host Committee's financial records faulted former Gov. Ed Rendell for failing to secure board approval before paying out more than $1 million in bonuses to staffers and interns in November 2016.
But DePasquale also said his audit showed that spending of a $10 million state grant was in accordance with the grant agreement. Because the grant agreement did not contain a specific claw-back provision, the committee is not required to pay back any of the money.
Republican leaders in the Pennsylvania Senate said in a statement the report showed their concerns about Democratic Convention spending were valid.
“It is clear from the report that former Gov. Ed Rendell made decisions regarding disbursement of bonuses that he did not have the authority to make on his own,” according to a written statement from Senate President Pro Tem Joe Scarnati, R-Jefferson; Majority Leader Jake Corman, R-Centre; and Appropriations Chairman Pat Browne, R-Lehigh. “Those decisions made by Gov. Rendell to distribute bonuses remain, at best, problematic.”
The GOP leaders also called for future grant agreements to include a claw-back provision.
ASTHMA RELIEF
State Rep. Mike Hanna, D-Clinton, on Nov. 21 announced that the Pennsylvania Department of Human Services recently added a lifesaving asthma procedure to its covered procedures under the Medical Assistance program, at his request.
In a statement carried on the state House Democratic website, Hanna said he contacted the agency in September to request MA coverage for the Alair Bronchial Thermoplasty System for asthma sufferers. The Alair System delivers controlled thermal energy to the airway wall to reduce the amount of excess smooth muscle tissue in the airways, the statement said, easing the effect of the asthma attack.
“This decision is great news for those suffering from severe asthma,” Hanna said.
ROAD INFORMATION
Less than a year after its creation, Gov. Tom Wolf on Nov. 17 announced that the initiative to provide motorists with information during long-term road closures, 511PAConnect, has earned several regional and international transportation awards.
“511PAConnect is the first initiative of its kind to link directly to a targeted group of travelers who are being impacted by, or who are approaching, a large-scale emergency,” Wolf said.
The program, in which potential long-term closures are identified and alerts are issued to motorists in a manner akin to the Amber alert system, has been recognized with four awards for innovation and transportation engineering, the Wolf administration said in a statement. •
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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