November 15 - 21, 2019 Contents Around the Rotunda Around the Rotunda ...... 1 Committee News ......... 1 No Around the Rotunda this week. Bullet.in.Points .......... 13 Committee News Cosponsor Memos ....... 14 Bill Actions ............. 14 House Transportation Committee 11/18/19, 11:30 a.m., Room B-31, Main Capitol Building Upcoming Events ........ 27 By Sheri Melnick, Pennsylvania Legislative Services In the News ............. 28 The committee met to consider legislation. SESSION STATUS At 3:53 p.m. on Thursday, Chairman Tim Hennessey (R-Chester) noted that “the big item on the agenda” is the November 21, 2019 the authorization of radar by municipalities other than state police. Senate stands in recess until the call of the President Pro HB 1536 Miller, Brett - (PN 1954) Amends Title 75 (Vehicles) defining “vulnerable highway Tempore. user” as a pedestrian or a person on roller skates, inline skates, a skateboard, motor- driven cycle, motorcycle, pedalcycle, motorized pedalcycle, pedalcycle with electric assist, At 3:33 p.m. on Thursday, an animal, an animal-drawn vehicle, a farm vehicle or a wheelchair. Also increases the November 21, 2019 the penalties for a person convicted of careless driving that results in the death, seriously bodily House stands adjourned until injury or bodily injury of a vulnerable highway user. Effective in 120 days. - The bill was Monday, December 16, 2019 unanimously reported as amended. at 1:00 p.m., unless sooner recalled by the Speaker. A03771 by Hennessey, reduces certain penalties and makes technical changes. The amendment was unanimously adopted. UPCOMING SESSION DAYS Rep. Brett Miller (R-Lancaster) explained that this bill pertains to an issue brought to his attention by a constituent and noted that the bill passed out of committee unanimously last House session. He emphasized that those who use roads in Pennsylvania are “getting aggressive” Dec. 16, 17, 18 and “impatient” and noted that the bill would establish an extra duty of care when dealing Senate with a vulnerable highway user. Dec. 18 Rep. Mary Jo Daley (D-Montgomery) remarked that three years ago, her niece was hit and killed by a car in Philadelphia. She expressed her gratitude to Rep. Miller for introducing the legislation and said it was “really important for people who have lost people or those suffering from injuries.” Minority Chairman Mike Carroll (D-Luzerne) explained that the amendment does not repeal the following sections of the Vehicle Code: reckless driving, homicide by vehicle, and aggravated assault by vehicle. He said that the amendment makes the bill more “precise” and does not limit the ability of police officers to write citations. Rep. Lori Mizgorski (R-Allegheny) asked if a driver would be penalized if they hit a pedestrian on a roadway where the pedestrian should not be. Rep. Miller responded that if someone is on a road unlawfully, the bill would not apply to them. Rep. Mizgorski asked what is considered “unlawfully.” Rep. Miller stated that the Vehicle Code does specify what lawful and unlawful behavior is “in regards to pedestrians, bicyclists, or horse and buggy.” Rep. Mizgorski remarked that there are certain highways where someone would not expect a pedestrian. She asserted that she wants to make sure that someone would not be charged if a pedestrian was hit in a location where they were not expected. Rep. Aaron Kaufer (R-Luzerne) asked if this would apply to protestors in the street. Rep. Miller explained that what the individual is doing is not “germane” to the issue of whether or not they are on the road lawfully. He asserted that if they are on the road lawfully, and protesting, then they are a lawful user of the road. Rep. Doyle Heffley (R-Carbon) asked what the standard is for passing someone on a bicycle. Rep. Miller responded that it is four feet currently, which the amendment would remove. Rep. Heffley asked if this bill would apply if there is a protestor who is blocking a vehicle and was hit when the driver pulled their car out. Rep. Miller asserted that presence or absence of law enforcement would not change whether the protestor was lawfully there or not. Matt Rucci, Republican research analyst, noted that it would depend on the incident and would be treated on a “case-by-case basis.” Rep. Heffley explained that he wants to protect pedestrians who are walking on roads legally and asserted his worry over law-abiding citizens who are in a “tough spot” with protestors. Josiah Shelly, Republican executive director, stated that those issues would not be covered by this bill. Rep. Stephen Kinsey (D-Philadelphia) asked if the penalties addressed in this bill would supersede other traffic-related offenses if someone was charged with those. Rucci stated that the penalties associated with this bill would be added on. HB 1849 Lewis, Andrew (F) - (PN 2556) Act designating a portion of Pennsylvania Route 39 in Dauphin County, from Dover Road to Forest Hills Drive, as the Officer Mark Gaspich Memorial Highway. Effective in 60 days. - The bill was unanimously reported as committed. HB 1868 Gabler, Matt - (PN 2588) Act designating a bridge, identified as Bridge Key 11414, on U.S. Route 219 in Brady Township, Cleary County, as the Lance Corporal Robert Clyde Gontero Memorial Bridge. Effective in 60 days. - The bill was unanimously reported as committed. HB 1870 Topper, Jesse - (PN 2589) Act designating a bridge on that portion of State Route 1036 over Six Mile Run, Broad Top Township, Bedford County, as Sergeant David Leon Barber Memorial Bridge. Effective in 60 days. - The bill was unanimously reported as committed. HB 1913 Dush, Cris - (PN 2676) An Act designating a bridge, identified by Bridge Key 19699, on that portion of State Route 2003 over Mahoning Creek in Big Run Borough, Jefferson County, as the SP4 James Wise, Jr., and PFC James Wingert USMC Memorial Bridge. Effective in 60 days. - The bill was unanimously reported as committed. HB 1915 Cook, Bud - (PN 2678) Act designating a bridge on that portion of State Route 8042 over U.S. Route 40, West Brownsville Borough, Washington County, as the SFC Thomas McDonough Memorial Bridge. Effective in 60 days. - The bill was unanimously reported as committed. HB 1946 Hershey, Johnathan (F) - (PN 2710) An Act designating a bridge, identified by Bridge Key 46789, on that portion of State Route 3012 over Back Creek on the border of Hamilton Township and St. Thomas Township, Franklin County, as the Sergeant Melvin G. Ehrhart Memorial Bridge. Effective in 60 days. - The bill was unanimously reported as committed. HB 1973 Gregory, James (F) - (PN 2736) Act designating a bridge on that portion of State Route 4027 over Bald Eagle Creek, Sharon Township, Blair County, as the Cpl. Donald L. Westley Memorial Bridge. Effective in 60 days. - The bill was unanimously reported as committed. HB 2000 Murt, Thomas - (PN 2805) Act designating the portion of County Line Road between Warminster Road and Newtown Road in Montgomery County as the Captain William J. Ahlum Memorial Highway. Effective in 60 days. - The bill was unanimously reported as committed. HB 2001 Murt, Thomas - (PN 2806) Act designating the portion of County Line Road between Warminster Road and Jacksonville Road in Montgomery County, as the Specialist 4 Harold E. Cashman Memorial Highway. Effective in 60 days. 2 - The bill was unanimously reported as committed. HB 1985 Lawrence, John - (PN 2790) Amends the Outdoor Advertising Control Act providing a religious institution to have one two-sided sign, provided that it is near their facility and has local municipal approval. Effective in 60 days. - The bill was unanimously reported as amended. A03730 by Lawrence, amends the bill to exempt signs covered by the federal Fixing America›s Surface Transportation (FAST) Act. The amendment was unanimously adopted. Rep. John Lawrence (R-Chester) commented that with regards to the amendment, the underlying issue was brought to his attention by a church in his district which had signage that was not in compliance and had been there for 30 to 40 years. He stated that the FAST Act addresses this situation and under this act, a state needs to opt in, and the bill would provide for that. SB 607 Scavello, Mario - (PN 675) Amends Title 75 (Vehicles), in rules of the road in general, further providing that any police officer may use an electronic speed meter, radar or light detection and ranging devices upon approval by local ordinance and completion of training requirements. The legislation provides for a revenue cap on the amount of money a municipality may keep from speeding tickets and calibration standards for radar guns. - The bill was reported as amended with Rep. Lynda Culver (R-Northumberland) voting in the negative. A03858 by Rothman, limits RADAR/LIDAR to full-time police officers at full-time municipal departments, reduces municipal fine revenue caps, and makes technical changes. The amendment was adopted with Representatives Lawrence and Culver voting in the negative. A03720 by Rothman, guts and replaces the bill language, creating a local police radar pilot program in counties of the first through fourth class. The amendment was withdrawn. Chairman Hennessey explained that there are fears that the committee has tried to address by introducing amendments and the bill. He asserted that radar is a “touchy issue.” Rep. Greg Rothman (R-Cumberland) explained that for over 50 years, legislators have been trying to allow radar to be used in municipalities. He asserted that the bill represents compromise and noted that his amendment lowers the percentage of the police department’s budget generated by radar-related speeding fines to 10 percent. He asserted that his amendment is an “incremental step.” Chairman Carroll remarked that the use of radar for local police has been in the conversation for decades.