WEEKLY TRANSPORTATION RECAP Contents Around the Rotunda Around the Rotunda
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April 12 - 18, 2019 WEEKLY TRANSPORTATION RECAP Contents Around the Rotunda Around the Rotunda ...... 1 Committee News ......... 1 No Around the Rotunda this week. Bullet.in.Points .......... 18 Committee News Cosponsor Memos ....... 18 Bill Actions ............. 18 House Agriculture and Rural Affairs Committee 4/15/19, 1:29 p.m., 60 East Wing Upcoming Events ........ 24 By Jessica Richardson, Pennsylvania Legislative Services In the News ............. 25 The committee met to consider legislation. SESSION STATUS At 1:17 p.m. on Wednesday, HB 915 Causer, Martin - (PN 1036) Amends Title 75 (Vehicles), in size, weight and load, April 10, 2019 the Senate further providing for permit for movement during course of manufacture; and, in powers of stands in recess until Monday, department and local authorities, further providing for power of Governor during emergency. April 29, 2019 at 1:00 p.m., The bill establishes that combination of vehicles which is hauling milk to or from a milk plant unless sooner recalled by the or to or from a dairy farm, or is traveling to a dairy farm to pick up milk, may be permitted President Pro Tempore. by the department and local authorities to move upon highways within their respective jurisdictions 24 hours a day, seven days a week, and in the event of a declared National, At 2:02 p.m. on Wednesday, State or local emergency unless it is specifically stated in a proclamation or executive order. April 17, 2019 the House Effective in 60 days. - The bill was passed over. stands adjourned until Monday, April 29, 2019 at 1:00 - 30 - p.m., unless sooner recalled by the Speaker. House Judiciary Committee UPCOMING SESSION DAYS 4/16/19, 10:00 a.m., 140 Main Capitol House By Jessica Richardson, Pennsylvania Legislative Services April 29, 30 May 1, 6, 7, 8, 13, 14, 15, 22 The committee held a hearing on Magisterial District Judge (MDJ) safety issues. (non-voting), 23 (non-voting) June 3, 4, 5, 10, 11, 12, 17, Ronald Haggerty, judge, Fayette County Magisterial District Court 14-1-02 and Special 18, 19, 20, 24-28 Court Judges Association of Pennsylvania (SCJAP) chairman, stated that MDJs are the Senate front line of the courts. He said most cases start with them and include: summary traffic and April 29, 30 non-traffic citations, landlord tenants, civil cases up to $12,000, issuing search warrants May 1, 6, 7, 8 and issuing emergency protection from abuse (PFA) orders. He noted that MDJs handled June 3, 4, 5, 10, 11, 12, 17, 2,331,818 cases in 2017; collected $252 million in fines and costs in 2017; and collected 18, 19, 24-28 $259 million in fines and costs in 2018. Haggerty said most district courts in Pennsylvania are not secure and have no way of protecting the public. He stated that security is provided in all other levels of the court, schools, Capitol and even sporting events. Haggerty continued that in September 2018 in Fayette County a gunman opened fire at a district court. He said three people were shot and injured and the gunman was subsequently shot and killed by local police. The gunman was at the court that day along with one of the victims for a domestic violence case, Haggerty said. He stated that since the shooting, Fayette County has been trying to make the offices more secure through structure improvements, camera upgrades and 24 hours a week of armed security for each office. Haggerty explained that Title 18 prohibits firearms in a court facility but currently reads that each county shall make available at or within the building containing a court facility lockers or similar facilities for the purpose of temporary checking firearms. He commented that this is a dangerous mandate. Haggerty stated there is a $2 million line item with the General Assembly. He said with the funding, Fayette County has taken advantage of it in trying to improve security with bullet proof glass and more secure doors. John Fishel, judge, York County Magisterial District Court 19-3-01 and Magisterial District Judge (MDJ) Security Task Group chairman, added that they are looking for advice and ideas as right now the courts are not in the position to protect the people they serve. Chairman Kaufmann asked what their primary goal to provide greater safety would be. Jack Lippart, judge, Delaware County Magisterial District Court 32-2-44, asked that the law be changed to no guns. Fishel added that the problem is already here and they need enforcement mechanisms. Minority Chairman Briggs commented that he is unsure if spending more and more money on fortifying or making situations safer is the best solution or if the state should instead spend more money on the underlying issue of guns in society. He said that he understands people should be safe when they come to the courtroom. Rep. Mihalek noted that when she was an assistant district attorney the level of security was inconsistent across the courtrooms. She said on busy days people would be standing shoulder to shoulder in the waiting room and someone would not be able to find a constable if they needed them. She stated that if she needed to speak to a victim privately she would have to go outside. Rep. Shusterman stated that as a freshman legislator this is good information to hear as she assumed there was security. She asked how many offices are properly secure today throughout Pennsylvania. Haggerty replied that a majority are not. Rep. Shusterman asked if there was any legislation proposed that would make it mandatory to not bring a firearm into the facility when going to court. Haggerty stated that there is legislation that a person cannot bring it into a courtroom, but there is nothing that covers the lobby area. Rep. Shusterman inquired about the parameters of the facility. Haggerty responded that there are cameras that can film the aftermath but there is no way to provide security on the parameters. Lippart noted that what blows his mind is that they have to go through so many exercises to bring a gun into the facility when there should simply be no guns. Fishel added that they are not just talking about firearms, but are talking about weapons period. Rep. Jozwiak commented that he disagrees with what has been said regarding carrying a firearm in a court facility. He said that it prohibits it in a court facility and that would include the lobby. Haggerty explained that the law has it that the court must provide lockers or a storage facility for firearms which clouds the law. Rep. Jozwiak asked if the offices are maintained by the counties and if it is the county.s responsibility to put in the lockers. Haggerty replied that a lot of facilities have lockboxes but the boxes are not in a proper room away from the general public. Rep. Jozwiak inquired if MDJs would want sheriffs to be security as they are for the court of common pleas. The panel agreed that would be helpful. Rep. Nesbit asked who would have jurisdiction in some of these arrests regarding having a firearm in a court facility. Lippart stated the state police. Rep. Nesbit commented that the state is short on some of the state police now. Rep. Nesbit asked for an example of where security is working well. Haggerty replied that from his understanding Allegheny County does pretty well. He added that Fayette County is making a lot of nice changes and people are commenting that they feel more secure. He said they have a constable or security at the front door monitoring people coming in. Rep. Nesbit inquired if that comes out of county funds. Haggerty replied yes, it does. Rep. Zabel commented that he is a firm believer in finding a way to increase the level of security because when he came from the Philadelphia courts to the courtrooms in Delaware County he was amazed at the openness of where people were coming in. He said he appreciates the panel brining in simple legislative solutions as he does not see why they need to accommodate someone who wants to bring a firearm to a court facility. Rep. Zabel asked if there have been problems with things like witness intimidation in the open areas and generalized waiting rooms. Haggerty said there have been problems but there have been changes made in Fayette County with security. Rep. Ecker noted that in Adams County they have centralized some MDJs which happen to be the domestic relations 2 office where there is a secure building and sheriff deputies. He suggested that there may be a solution by centralizing these locations. He asked if there are any barriers to that. Fishel replied that he understands the point of putting them in one specific building for certain types of cases but what it would be saying is that the courts are not safe enough. Haggerty commented that if the MDJs were moved out of the community it would become an issue. Rep. Ecker asked if there are any legal barriers. Lippart stated that he believes it is part of the constitution that the court must be part of the community. Rep. Miller stated that the work that goes on in the panel.s offices is incredibly important. He said that he is proposing a bill for a safety audit through each of the offices. He said he has concerns that what happened in Fayette County is not abnormal in a sense that it can be a hostile environment. Rep. Miller said the exterior of the facilities are where it is the most heated or most intimidating environment for victims and defendants.