Capitol Report
Following is a listing of executive and legislative action for the week of Feb. 12. The state House of Representatives is scheduled to return to session on March 12. The Pennsylvania Senate is scheduled to return to session on March 19.
February 16, 2018 at 09:42 AM
5 minute read
LOBBYING REFORM
Gov. Tom Wolf on Feb. 14 signed into law HB 1175, which strengthens regulation of lobbyists and improves efficiency by requiring lobbying disclosure reports to be filed electronically with the Department of State.
An administration statement framed the signing as a renewal of Wolf's commitment to changing the culture of Harrisburg and making state government more efficient and transparent.
The legislation, which was introduced by Rep. Bryan Cutler, R-Lancaster, passed unanimously in both houses of the General Assembly.
Among the new lobbying reporting rules were the following, according to the statement from Wolf's press office:
• Mandatory e-filing of lobbying disclosure reports (according to the statement, currently about one-fifth of lobbying disclosure reports are filed on paper).
• Increased penalties for failing to file reports on time.
• Requiring the Department of State to post all lobbying disclosure reports online within seven days of filing.
The new penalties take effect immediately and the electronic filing requirement is set to take effect in 60 days.
The measure is now styled as Act 2 of 2018.
MEDICAL MARIJUANA
Medical marijuana became available for patients at approved dispensaries on Feb. 15, the Wolf administration announced.
“Pennsylvanians have been waiting years for this moment,” Wolf said. “Medical marijuana is legal, safe and now available to Pennsylvanians suffering from 17 serious medical conditions. In less than two years, we have developed a regulatory infrastructure, approved physicians as practitioners, certified patients to participate and launched a new industry to help thousands find relief from their debilitating symptoms.”
Dispensaries in Butler, Bethlehem, Pittsburgh, Enola, Sellersville and Devon were set to open between Feb. 15 and 17, according to an administration press release.
Acting Secretary of Health and Physician General Dr. Rachel Levine said new locations are expected to open weekly.
Four thousand patients have received a doctor's approval to use medical marijuana, according to the Wolf administration, and more than 700 physicians have registered to participate in the program. To date, 10 dispensaries and 10 grower/processors have been approved to operate.
PITTSBURGH FINANCES
On Feb. 12, Wolf announced that the city of Pittsburgh's status as a distressed municipality under Act 47 is terminated. Pittsburgh is the second city and 14th municipality to exit the program.
“Pittsburgh's recovery has captured the attention of the nation, and, frankly, the world,” Wolf said at an event at Pittsburgh's City-County Building to mark the occasion where he was joined by Mayor William Peduto. “We've transformed a Rust Belt city that was a symbol of economic decline into one of the most dynamic examples of innovation for the new economy in the world.”
Department of Community and Economic Development Secretary Dennis Davin issued the formal determination letter finding that termination of the city's distressed status was appropriate under Act 47.
Pittsburgh had operated under Act 47 status—in which the DCED provides fiscal management oversight and other services—for 14 years, entering on Dec. 29, 2003. Davin found that, bolstered by careful budget governance and a recent surge in the city's technology and medical sectors, the city has stabilized its finances, and now operates with healthy surpluses that are projected to continue.
CIVIL SERVICE
Pennsylvania Sens. Mike Folmer, R-Lebanon, and Randy Vulakovich, R-Allegheny, announced on Feb. 12 that they have introduced legislation that aims to modernize the Civil Service Commission.
SB 1037 would streamline the commission by shifting several of its responsibilities to the state Office of Administration, including merit-based hiring, civil service applications, certifications, examinations and promotions.
“Our proposed legislation would allow the commission to focus on appeals while consolidating the commonwealth's merit-based hiring into the Office of Administration,” Folmer said in a statement on the Pennsylvania Senate Republican caucus website. “These changes will better serve the needs of 21st Century job applicants.”
The legislation was assigned to the Senate State Government Committee.
MUNICIPAL ELECTRICITY
The state House of Representatives Local Government Committee, chaired by Rep. Kate Harper, R-Montgomery, held a public hearing on Feb. 13 to discuss legislation offered by Rep. Aaron Bernstine, R-Lawrence, affecting 35 communities across the state that operate their own municipal electric systems.
HB 1405 was introduced last year in response to concerns raised by residents of Ellwood City in western Pennsylvania over significant fluctuations in their electric bills from month to month. Bernstine's legislation would outline standards by which “reasonable and uniform” rates would be established and requiring any rate changes to be discussed at publicly advertised meetings.
The bill also aims to prevent municipalities from transferring any money generated by electric services to support the community's general fund budget. •
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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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