Capitol Report
Following is a listing of executive, legislative, judicial and advocacy activity for the week of April 2. Members of the General Assembly were in recess at press time. Members of the state House of Representatives were set to return to session on Monday; members of the Pennsylvania Senate were scheduled to return to session on April 16.
April 05, 2018 at 05:27 PM
4 minute read
Opioid Crisis
Gov. Tom Wolf on April 4 announced the renewal of his 90-day opioid disaster declaration, which was introduced in January and set to expire on Tuesday. The renewal allows for 13 anti-opioid initiatives introduced in the past 90 days to continue without interruption and for the introduction of new measures to help those suffering from opioid addiction, a statement from the Wolf administration said.
“Extending this declaration will allow us to continue our efforts to break down silos and enhance collaboration across state government,” Wolf said. “Throughout the next 90 days, we will work to expand our efforts to include additional state agencies and commissions as necessary, so that we can direct our help to more communities across the commonwealth.”
Among several measures extended by the declaration are Secretary of Health Dr. Rachel Levine's naloxone leave-behind standing order, which allows first responders, in the wake of an emergency call, to leave overdose survivors with the treatment and instructions on how to use it.
Public Health
On April 4, Wolf was joined by Pennsylvania Sen. Jay Costa, D-Allegheny, leader of the Senate Democrats, to announce legislation—Senate Bill 1001—that would empower the secretary of health to declare a public health emergency, creating a more streamlined vehicle for deploying resources specific to that emergency—which would apply in a health crisis of any nature.
The announcement was made at the same press event in which Wolf renewed the opioid disaster declaration. According to an administration statement, one option that has been unavailable to Wolf is the authority to formally declare a public health emergency.
“We need more tools to beat back the addiction crisis sweeping Pennsylvania, and I'm hopeful that a public health emergency designation will help the administration cut red tape and find creative solutions,” Costa said.
Distracted Driving
Distracted driving citations in Pennsylvania jumped by 52 percent last year and have increased 172 percent since 2013, according to a report issued by the Administrative Office of Pennsylvania Courts on April 2, a day before a legislative hearing on the topic.
According to an infographic released by the AOPC, Montgomery County led the state with 11 percent of all distracted-driving citations issued.
The state House of Representatives Transportation Committee met on April 3 to consider two proposals: House Bill 892, which would strengthen penalties for those cited for careless driving when the case stemmed from electronic distraction; and House Bill 1684, which would make it illegal to use a cellphone without a hands-free device while driving.
Parental Rights
The National Parents Organization of Pennsylvania on April 4 announced it is organizing a rally on April 25 at the Capitol Rotunda in Harrisburg.
The event is set to happen at a time when Pennsylvania legislators are considering two bills—House Bill 443 and House Bill 1349—aimed at supporting shared parenting after separation or divorce and combatting parental alienation.
Stephen Meehan, chairman of National Parents Organization of Pennsylvania, said in a press statement: “Shared parenting can prevent attempts to alienate a child from a fit parent.
However, far too often, the courts order sole custody to one parent after a bitter, winner-take-all custody battle instead of ensuring children have both loving, fit parents in their lives. Often, a noncustodial parent has so little time with the child, the winning parent is empowered to knowingly or unknowingly marginalize the child from a fit and loving parent, creating heartbreak for child and parent. The marginalization alienates children and the parents.”
In recent years, Kentucky, Utah, South Dakota, Missouri and Minnesota have enacted similar reforms, the organization said in a statement. •
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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.
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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.
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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.
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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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