PROPOSED RULEMAKING
JOINT COMMITTEE
ON DOCUMENTS
[ 1 PA. CODE CH. 1 ]
Preliminary Provisions; Definitions
[40 Pa.B. 4392]
[Saturday, August 7, 2010]The Joint Committee on Documents (JCD) proposes to amend 1 Pa. Code § 1.4 (relating to definitions).
Statutory Authority
Section 1.4 is proposed to be amended under 45 Pa.C.S. § 503 (relating to general administration of part) and section 506 of The Administrative Code of 1929 (71 P. S. § 186).
Background of the Amendments
The Legislative Reference Bureau (LRB) purchases paper copies of the Pennsylvania Bulletin (Bulletin) and Pennsylvania Code (Code) for a variety of government entities enumerated in 1 Pa. Code Chapter 15 (relating to distribution of publications). This has been the policy of the JCD since the inception of the Bulletin in 1970. Under 45 Pa.C.S. § 503, the JCD is required to encourage ''the widest possible dissemination'' of documents appearing in the Code and Bulletin.
The Code and Bulletin have been available at no charge on the Internet since 1996. The web sites receive approximately 500,000 visits each month. Subscribers to the print versions have steadily declined as a result of free electronic access.
This proposed rulemaking will amend § 1.4 to define a ''copy'' to include a printed or electronic version. As a result, most entities listed in Chapter 15 will no longer receive paper copies of the Code and Bulletin paid for by the LRB. Budgetary constraints require that the LRB cease these payments. Informal surveys conducted by the staff of the JCD indicate that most of the Chapter 15 entities use the electronic versions of the Code and Bulletin.
Contact Person
Comments and questions regarding this proposed rulemaking may be referred to Mary Jane Phelps, Director of the Code and Bulletin and Secretary to the JCD, Legislative Reference Bureau, 647 Main Capitol Building, Harrisburg, PA 17120, (717) 783-1530. Interested persons are invited to submit written comments regarding the proposed amendment within 30 days following publication in the Bulletin.
Effective Date
It is anticipated that the final-form regulation will go into effect on July 1, 2011.
Fiscal Impact
There will be no fiscal impact on the general public as a result of this proposed rulemaking. Political subdivisions may be slightly impacted if magisterial district judges choose to continue paper subscriptions. The LRB paid $472,538 for Chapter 15 subscriptions in 2009. The Commonwealth will realize a savings but it is difficult to predict how many State entities will choose to purchase the print versions. It is anticipated that most will rely on the web sites, so substantial savings should result.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 28, 2010, the JCD submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the House State Government Committee and the Senate Rules and Executive Nominations Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review prior to final publication of the rulemaking, by the JCD, IRRC, the General Assembly and the Governor of comments, recommendations or objections raised.
MARY JANE PHELPS,
SecretaryFiscal Note: 53-9. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 1. GENERAL PROVISIONS
PART I. JOINT COMMITTEE ON DOCUMENTS
CHAPTER 1. PRELIMINARY PROVISIONS § 1.4. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Copy—The term includes an electronic or printed version.
* * * * *
[Pa.B. Doc. No. 10-1432. Filed for public inspection August 6, 2010, 9:00 a.m.]
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