Capitol Report
Following is a listing of executive and legislative activity for the week of April 16. The General Assembly was in recess at press time. The Pennsylvania Senate was scheduled to return to session on Monday. The state House of Representatives was set to reconvene on April 30.
April 19, 2018 at 07:32 PM
4 minute read
Domestic Violence
On April 16, Gov. Tom Wolf signed Senate Bill 449, which is aimed at sharpening the risk assessment tools—guides to whether perpetrators of domestic violence pose a continued danger to their victims—used by judges in setting bail.
Pennsylvania Sen. Camera Bartolotta, R-Washington, the main sponsor of the bill, said in a statement that many victims of domestic violence have been harmed after the initial crime was committed, because judges did not have tools to weigh the potential for further danger.
The measure—now Act 14 of 2018—has been named Tierne's Law for Tierne Ewing, a Washington County resident who was kidnapped and later murdered by her estranged husband in August 2016, according to the statement.
Wolf pointed out that Ewing was killed by a gunshot wound inflicted by an abusive spouse, and took the opportunity in a signing statement to urge the General Assembly to pass Senate Bill 501, which would restrict domestic abusers' access to guns. That bill is currently under consideration in the state House of Representatives' Judiciary Committee.
Combating Hazing
The Senate on April 18 unanimously passed Senate Bill 1090, a wide-ranging anti-hazing bill introduced in response to the death of a Penn State student after a fraternity pledge event.
The measure is focused on prevention, enforcement and transparency, according to a statement from the office of Sen. Jake Corman, R-Centre, the main sponsor of the bill. Corman said he wants “Pennsylvania's hazing laws to be a model for the United States.”
Wolf also praised the Senate for passing the bill.
The bill increases penalties for those involved in hazing; requires schools to have policies and reporting procedures in place to stop hazing; and ensures that parents and students are provided with information related to the issue. It also establishes clear-cut parameters on hazing for organizations such as fraternities and sororities.
According to the statement, the state's current anti-hazing laws needed to be strengthened because there have been no misdemeanor convictions under the current law.
“The carefully crafted bill provides law enforcement with the tools they need to fully prosecute those who engage in hazing-related activities, which we hope serves as a deterrent. At the same time, it provides safe harbor provisions so those who are nearby can help by calling for assistance for someone who may be in distress.”
SB 1090 now goes to the House for consideration there.
Mental Health
Two Senate Republicans on April 18 introduced a bill to increase the ability of school districts to hire professionals to focus on the mental health needs of their students.
Sens. Wayne Langerholc Jr., R-Cambria, and Tom McGarrigle, R-Delaware, said their legislation would provide school districts options to hire a social worker, school psychologist, or guidance counselor to solely focus on mental health issues.
Funding would come from the current filing fees for civil actions, legal proceedings and property transfers, as well as, criminal, traffic and summary filings.
“By redirecting these fees to address mental health concerns in our schools, we will be preventing school violence and providing a resource to our schools that they desperately need,” Langerholc said in a statement on the Senate GOP website.
“Identifying mental health issues early helps prevent a child from falling behind academically and possibly acting out violently. Our legislation sends the message that the mental health and safety of Pennsylvania students is a top priority,” McGarrigle said.
School Safety
Local school districts and governments would be permitted to discuss school security matters in executive session under legislation passed April 18 by the Senate.
Senate Bill 1078 passed unanimously. Corman said the bill balances common-sense concerns about protecting sensitive discussions and documents involving school security with the public's “right to know.”
Corman said the shooting at Marjory Stoneman Douglas High School in Parkland, Florida, has prompted school districts in Pennsylvania to re-examine, update and strengthen their security plans to better protect students. However, if made public, this information could compromise school safety efforts and put students at risk.
“While I strongly support transparency, it makes no sense to give someone who intends to commit an act of violence against our schools access to the plans being adopted to prevent a tragedy,” Corman said.
More than half of the states currently have measures in place that allow for security and safety matters to be discussed in non-public executive session. •
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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.
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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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