RULES AND REGULATIONS
Title 4--ADMINISTRATION
DEPARTMENT OF STATE
[4 PA. CODE CHS. 182 AND 183]
Connection Schedule for the Statewide Uniform Registry of Electors (SURE)
[32 Pa.B. 6339] The Department of State (Department) adds Chapter 183 (relating to establishment, implementation and administration of the Statewide Uniform Registry of Electors). The act of January 31, 2002 (P. L. 18, No. 3) (act) provided for a new voter registration law and repealed the Pennsylvania Voter Registration Act (PVRA) (25 P. S. §§ 961.501--961.5109). Most of the statutory provisions of the PVRA were renumbered or materially revised under the act. Section 1222(f) of 25 Pa.C.S. (relating to SURE system) requires a comprehensive package of regulations, including the promulgation of regulations necessary to establish, implement and administer the Statewide Uniform Registry of Electors (SURE) system.
The act also provides in 25 Pa.C.S. § 1222(e) that the Department shall establish, by regulation, a schedule for each county voter registration commission (commission) to be connected to the SURE system. This final-form rulemaking provides for that schedule. Notice of the proposed rulemaking was published at 32 Pa.B. 5892 (November 30, 2002) followed by a 10 calendar day public comment period. Additional regulations to comply with the requirements of 25 Pa.C.S. § 1222(f) will be issued in the near future. The implementation schedule regulations are set forth in Annex A.
In addition to adding Subpart E (relating to Statewide Uniform Registry of Electors), this final-form rulemaking also makes two minor amendments to Part VIII (relating to Bureau of Commissions, Elections and Legislation). First, the Department corrects the title of Part VIII. Second, the Department reserves Chapter 182, which had provided for a Statewide Central Registry Feasibility Study. Although this study was conducted, the enactment of the act no longer requires regulations for a feasibility study.
Section 2 of the act provides that the promulgation of this final-form rulemaking is exempt from section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732-204(b)) and is exempt from the Regulatory Review Act (71 P. S. §§ 745.1--745.14). Public comment was requested in accordance with section 201(4) of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201(4)), known as the Commonwealth Documents Law (CDL).
See 32 Pa.B. 6340 (December 28, 2002) for a final-omitted rulemaking concerning Chapter 183.
Responses to Comments
Publication of the proposed rulemaking was followed by a 10 calendar day public comment period during which the Department received comments from representatives of Monroe, Adams and Butler Counties. These county representatives expressed concerns that the time-line for the implementation of the Commonwealth's SURE system is established in a way that implementation is scheduled to occur more quickly than necessary and that the Commonwealth should take a longer time to implement the system. The Department has evaluated these comments and its current implementation status and determined that the time line is appropriate. Based upon its evaluation, the Department does not see a need to alter the proposed implementation schedule and thus the schedule is being published as proposed.
Purpose
The purpose of the final-form rulemaking is to establish a schedule for each county voter registration commission to be connected to the SURE system, as required by 25 Pa.C.S. § 1222(e). The final-form rulemaking first defines the categories of the counties to be connected to the SURE system in § 183.1 (relating to definitions). Section 183.2 (relating to schedule for connection to the SURE system) sets forth the schedule for each category of county to be connected to the SURE system.
In developing the schedule for connection to the SURE system, the Department seeks to maximize the accuracy, integrity and protection of registration records on a Statewide basis in accordance with 25 Pa.C.S. § 1222(e).
Fiscal Impact
This final-form rulemaking will have some fiscal impact upon the Department and on the commissions. Because this is a new system, it is impossible to anticipate with specificity the impact upon the fiscal operations of the Department and the 67 commissions. However, it is anticipated that the implementation schedule of the SURE system, as contained in this final-form rulemaking, will result in a centralized system providing compliance and other administrative efficiencies to the commissions regarding the programs and procedures that they are required to conduct under Federal and State laws. State funding has been appropriated to the Department to provide for the implementation of this system in the commissions. The implementation of the SURE system will result in increased expenditures for new programs and procedures required by both the act and Federal law. These expenditures may be offset by commensurate grants provided for under Federal law.
Paperwork Requirements
Paperwork requirements will not be substantially altered as a result of the final-form rulemaking.
Regulatory Review
Section 2 of the act provides that the promulgation of the final-form rulemaking is exempt from section 204(b) of the CDL (45 P. S. § 1204(b)) and is exempt from the Regulatory Review Act. On November 28, 2002, the final-form rulemaking published for public comment in the Pennsylvania Bulletin, in accordance with section 201(4) of the CDL.
Contact Person
Interested persons may contact L. Lawrence Boyle, Deputy Chief Counsel, Department of State, 302 North Office Building, Harrisburg, PA 17120-0029, lboyl@state.pa.us.
Findings
The Secretary finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the CDL (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) Even though the final-form rulemaking was exempted from the public comment requirements of the CDL by Act 150 of 2002, a public comment period was provided and all comments were considered.
(3) This final-form rulemaking does not enlarge the purpose of proposed rulemaking published at 32 Pa.B. 5892.
(4) This final-form rulemaking is necessary and appropriate for administering and enforcing the act identified in this Preamble.
Order
The Secretary, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 4 Pa. Code Chapters 182 and 183, are amended by deleting §§ 182.1 and 182.2 and by adding §§ 183.1 and 183.2 to read as set forth in Annex A, with the ellipses referring to the final-omitted rulemaking at 32 Pa.B. 6340.
(b) The Department shall submit this order and Annex A to the Office of General Counsel as required by law.
(c) The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on December 30, 2002, which is 30 days from publication of the proposed rulemaking in the Pennsylvania Bulletin on November 30, 2002, in accordance with section 203 of the CDL (45 P. S. § 1203).
C. MICHAEL WEAVER,
Secretary of the CommonwealthFiscal Note: Fiscal Note 16-30 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 4. ADMINISTRATION
PART VIII. BUREAU OF COMMISSIONS, ELECTIONS AND LEGISLATION
Subpart D. ELECTIONS
CHAPTER 182. (Reserved) § 182.1. (Reserved).
§ 182.2. (Reserved).
Subpart E. STATEWIDE UNIFORM REGISTRY OF ELECTORS
CHAPTER 183. ESTABLISHMENT, IMPLEMENTATION AND ADMINISTRATION OF THE STATEWIDE UNIFORM REGISTRY OF ELECTORS § 183.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Group 1 counties--Armstrong, Dauphin, Fayette, Franklin, Greene, Perry, Somerset, Washington and Westmoreland Counties.
Group 2 counties--Carbon, Luzerne, Monroe, Montgomery, Pike, Schuylkill and Wayne Counties.
Group 3 counties--Chester, Delaware, Juniata, Lehigh, Mifflin, Northampton and Philadelphia Counties.
Group 4 counties--Bedford, Berks, Blair, Centre, Lancaster, Lebanon and York Counties.
Group 5 counties--Clinton, Columbia, Fulton, Huntingdon, Lycoming, Snyder and Union Counties.
Group 6 counties--Bradford, Crawford, Elk, Lackawanna, Montour, Potter, Sullivan, Susquehanna and Wyoming Counties.
Group 7 counties--Clarion, Erie, Forest, Lawrence, Mercer, Tioga, Venango and Warren Counties.
Group 8 counties--Cambria, Cameron, Clearfield, Indiana, Jefferson, McKean and Northumberland Counties.
* * * * * Phase 1 counties--Adams, Beaver, Butler and Cumberland Counties.
Phase 2 counties--Allegheny and Bucks Counties.
Phase 3 counties--Group 1 counties, Group 2 counties, Group 3 counties, Group 4 counties, Group 5 counties, Group 6 counties, Group 7 counties and Group 8 counties.
* * * * * § 183.2. Schedule for connection to the SURE system.
(a) Phase 1 counties shall be connected to the SURE system by December 31, 2002.
(b) Phase 2 counties shall be connected to the SURE system by the May 20, 2003, municipal primary.
(c) Phase 3 counties shall be connected to the SURE system by the November 4, 2003, municipal election. Phase 3 counties shall be connected in the following order:
(1) Group 1.
(2) Group 2.
(3) Group 3.
(4) Group 4.
(5) Group 5.
(6) Group 6.
(7) Group 7.
(8) Group 8.
[Pa.B. Doc. No. 02-2308. Filed for public inspection December 27, 2002, 9:00 a.m.]
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