RULES AND REGULATIONS
Title 4—ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
[4 PA. CODE CH. 71]
Commonwealth Parking Facilities
[55 Pa.B. 257]
[Saturday, January 11, 2025]The Department of General Services (department) amends Chapter 71 (relating to Commonwealth parking facilities), by amending §§ 71.1—71.6, 71.11, 71.21, 71.31, 71.41—71.44 and deleting §§ 71.12 and 71.46 to read as set forth in Annex A.
Effective Date
This final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin and compliance will be expected 30 days after publication.
Statutory Authority
The department's authority to promulgate this rulemaking is set forth in sections 506, 2401.1 and 2402(a) of The Administrative Code of 1929 (71 P.S. §§ 186, 631.1 and 632(a)). Section 506 provides the general authority for the heads of all administrative departments to prescribe rules and regulations, not inconsistent with law, for the government of their respective departments, the conduct of their employees, the performance of their business and the custody, use and preservation of property pertaining to their department. Section 2401.1(20) sets forth the specific powers and duties of the department, which includes ''the issuance of general regulations implementing the act.'' Section 2402(a) grants the department the power and duty to control and supervise the State Capitol Building and public grounds and buildings within the City of Harrisburg connected with the State Capitol.
In addition, section 2416(e) of The Administrative Code of 1929 (71 P.S. § 646(e)) authorizes the Capitol Police ''[t]o exercise the same powers as are now or may hereafter be exercised under authority of law or ordinance by the police of the [city] of Harrisburg[.]'' Harrisburg City Police have the authority to enforce parking rules under Harrisburg City Ordinance § 3-131 (relating to stopping and parking generally).
Omission of Proposed Rulemaking
Under section 204(1) and (3) of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law (CDL) (45 P.S. §§ 1204(1) and (3)), the department is authorized to omit the procedures for proposed rulemaking in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202) if the department finds that the regulation relates to agency procedure or practice and Commonwealth property and that the specified procedures of rulemaking are impracticable, unnecessary or contrary to the public interest. The department has determined that publication of proposed rulemaking is unnecessary under the circumstances because the regulations deal with the department's procedure and practice as they relate to Commonwealth property, that is, parking facilities. These regulations are not contrary to the public interest.
Background and Need for the Amendments
Under the authority of section 2402 of The Administrative Code of 1929, as stated in 4 Pa. Code § 71.1 (relating to purpose), the department promulgated Chapter 71 ''to effect maximum utilization of parking facilities available for use by Commonwealth employes and to provide standard rules and regulations for the administration and management of the parking facilities.'' Chapter 71 was adopted in 1973 and has not been amended or updated in any way in over 50 years. Due to this passage of time, this final-omitted rulemaking requires an increase in the parking ticket fine amount along with updates based on operational changes. Most other state capitals, along with our Nation's capital, have parking ticket fine amounts that far exceed those currently set forth in Chapter 71. Moreover, the City of Harrisburg, which encompasses much of the Capital itself, has set its own base parking ticket fine amount at $30, which is five times higher than the amount set in 1973. See Harrisburg City Ordinances § 3-131.11 (relating to charges for parking in prohibited parking zones). Amendments to Chapter 71 are required to deter misuse and abuse of Commonwealth parking spaces and places, modernize procedures, and ensure efficient and effective use of Commonwealth property. This includes the removal of superfluous, outdated, conflicting and unnecessary language. The public benefits from good stewardship and use of Commonwealth parking spaces and places, especially in our State Capitol. Without making these much-needed amendments, Commonwealth government is impacted based on the unavailability of parking spaces and the resources wasted on enforcing outdated provisions with little to no meaningful economic impact for those who violate the provisions of this final-omitted rulemaking.
Description of the Amendments
Chapter 71 is updated and amended by deleting superfluous, outdated, conflicting and unnecessary language and updating the amount for fines and the process by which those fines are paid. More specifically, §§ 71.1—71.6, 71.11, 71.21, 71.31 and 71.41—71.44 are updated to reflect modern day vernacular and to conform to the Pennsylvania Code & Bulletin Style Manual.
Section 71.2(c) (relating to general) is amended to require the email address for each Departmental Parking Officer to be supplied in addition to the other information that is already required.
The department deletes § 71.4(2) (relating to suggested priorities for parking assignments) which suggests prioritizing parking assignments for handicapped employees. When the regulation was drafted over 50 years ago this provision was necessary due to the state of parking regulations. However, in current times there is an abundance of handicap designated parking areas, making this provision unnecessary.
Reference to permits that are permanently affixed to vehicle bumpers is deleted from § 71.6(d) and (e) (relating to miscellaneous requirements and prohibitions), as this practice is no longer utilized in this Commonwealth.
The department amends § 71.11(a) (relating to general requirements) by deleting the practice of typewritten temporary parking permits that is no longer utilized and replacing it with the current practice of temporary permits that are initialed by the Departmental Parking Officer. Additionally, § 71.11(c) is deleted because there is no longer a need to prohibit temporary parking permits for areas numbered one, two, three or four.
Section 71.12 (relating to monthly report) is deleted as these reports are no longer necessary. Temporary permits are distributed by email and no longer require return to the department and the records are maintained electronically, therefore, no longer requiring a monthly report.
Additionally, with regard to lost or stolen permits, § 71.21(c) and (d) (relating to reporting and investigating) are deleted to reflect the current practice when a permit is lost or stolen. The language currently states that Capitol Police will search for the lost or stolen permit for 30 days. However, with all the responsibilities of Capitol Police this simply is not practical. The current practice should be to gather as much information as possible before requesting an investigation by Capitol Police, as reflected in § 71.21(e).
This final-omitted rulemaking amends § 71.42(a)(1) (relating to instructions to permit holders) to delete references to pressure-sensitive bumper sticker permits that are no longer utilized by the Commonwealth. Additionally, § 71.42(a)(3) is deleted as temporary permits are not issued in a format that requires their return to the Departmental Parking Officer. Section 71.42(a)(4), is amended to include the reminder that if an employee leaves employment without returning their permit, the agency will receive an invoice for the replacement permit. Finally, § 71.42(a)(5) which discusses inappropriate places to load and unload passengers is deleted, as this is more appropriately addressed by 75 Pa.C.S. (relating to Vehicle Code).
The department reformats § 71.43 to place all the provisions that must be complied with when using the underground garages under subsection (a) and the penalty for violating the provisions under subsection (b), to provide additional clarity for those who utilize the underground garages. The department also deletes § 71.43(a)(8) and (9) (relating to underground garages) as they contain outdated information about the bottom level of the garage that does not reflect the state of the garage today.
This final-omitted rulemaking also amends § 71.44(c) (relating to compliance with procedure, parking violations, fines and penalties) to allow a Capitol Police Officer to issue a parking ticket and increase the fine amount from $5 to $30, with the failure to pay the fine increasing from $6 to $50. The amount of time to pay the parking ticket is also increased from 48 hours to 4 business days so as not to conflict with weekends or holidays. Additionally, § 71.44(d) is amended to reflect the same increase from $6 to $50. With the current cost of the fine being set at $6, there simply is not a deterrent effect to prevent individuals from parking in spaces where they do not hold a permit to park. When an individual who holds a permit cannot park in their permitted spot it causes delays in the work of the Commonwealth and additional costs in finding another place for the individual to park.
Finally, § 71.46 (relating to parking areas—Capitol complex) is deleted as it is an inaccurate depiction of the current Capitol complex.
Fiscal Impact and Paperwork Requirements
This final-omitted rulemaking will have a fiscal impact on the regulated community, as the fine for parking in a prohibited area will increase from $5 to $30. As roughly 500 parking tickets are issued each year the total amount of fines will increase from $2,500 to $15,000. However, the fine is avoidable by simply not parking in a prohibited area and it is the Commonwealth's goal that the increased fine will have a deterrent effect on the regulated community so as to reduce the quantity of tickets issued on an annual basis. This regulation will not create additional paperwork for the general public or the Commonwealth's political subdivisions.
Sunset Date
The department will continuously monitor the effectiveness of these regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P.S. § 745.5a(c)), on October 29, 2024, the department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the chairperson of the State Government Committee of the Senate and to the chairperson of the State Government Committee of the House of Representatives. On the same date, the department submitted a copy of the regulation to the Office of Attorney General under the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506).
Under sections 5.1(e) and (j.2) of the Regulatory Review Act (71 P.S. § 745.5a(e) and (j.2)), the regulations were deemed approved by the House and Senate committees on November 30, 2024. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 5, 2024, and approved the final-omitted rulemaking.
Additional Information
Further information regarding this final-omitted regulation may be obtained by contacting Juan A. Ruiz, Deputy Chief Counsel, Department of General Services, 401 North Street, Room 603, Harrisburg, PA 17120.
Findings
The department finds that:
(1) Public notice of the department's intention to amend the regulations under the procedures in sections 201 and 202 of the CDL has been omitted under section 204 of the CDL because publication of proposed rulemaking and public comment is unnecessary in that the rulemaking relates to agency procedure or practice and Commonwealth property.
(2) The promulgation of the regulations in the manner provided in this order is necessary and appropriate to effect maximum utilization of parking facilities available for use by Commonwealth employees and to provide standard rules and regulations for the administration and management of the Commonwealth's parking facilities.
Order
The department, acting under its authorizing statute, orders that:
(a) The regulations of the department, 4 Pa. Code Chapter 71, are amended by amending §§ 71.1—71.6, 71.11, 71.21, 71.31, 71.41—71.44 and deleting §§ 71.12 and 71.46, to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The department shall submit this final-omitted rulemaking to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The department shall submit this final-omitted rulemaking to IRRC, the House and Senate Committees as required by law.
(d) The department shall certify this final-omitted rulemaking and deposit it with the Legislative Reference Bureau as required by law.
(e) This final-omitted rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
REGINALD B. McNEIL, II,
Secretary(Editor's Note: See 54 Pa.B. 8361 (December 21, 2024) for IRRC's approval.)
Fiscal Note: 8-28. No fiscal impact; recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART III. DEPARTMENT OF GENERAL SERVICES
Subpart D. AUTOMOBILES
CHAPTER 71. COMMONWEALTH PARKING FACILITIES
GENERAL PROVISIONS; ALLOCATION OF PARKING PERMITS § 71.1. Purpose.
This chapter has been promulgated to effect maximum utilization of parking facilities available for use by Commonwealth employees and to provide standard rules and regulations for the administration and management of the parking facilities.
§ 71.2. General.
(a) The Commonwealth will recognize to the best of its ability its responsibility for providing parking facilities for those employees who are required to travel by privately owned vehicle to their place of employment. It should be realized, however, that the Commonwealth is unable to provide parking facilities for all employees.
(b) Parking permits will be allocated on the basis of Capitol Complex employee complement of each department, board or commission.
(c) The head of each department, board or commission with offices and employee complement in the Capitol Complex area shall name an individual to act as parking officer who is empowered to handle all matters peculiar to the administration and management of that part of the Commonwealth Parking System as pertains to the department, board or commission. The name, title, telephone number, email address and office address of the parking officer, hereafter referred to as Departmental Parking Officer, shall be furnished to the Commonwealth Parking Officer, Department of General Services.
§ 71.3. Responsibilities.
(a) The Commonwealth Parking Officer has the following duties:
(1) To allocate parking spaces for use of the Capitol Complex employee complement of Commonwealth departments, boards and commissions.
* * * * * (5) To procure and furnish Departmental Parking Officers with adequate supplies of permanent and temporary parking permits.
* * * * * (b) Departmental Parking Officers have the following duties:
(1) To assign allocated parking spaces to members of the employee complement of their department, board or commission. Parking permits, whether permanent or temporary, may be assigned only to agency allocations.
(2) To review parking assignments to ensure compliance with the purpose and intent of this chapter.
* * * * * § 71.4. Suggested priorities for parking assignments.
The following priorities should be given prime consideration in the assignment of parking spaces:
(1) Officials requiring the car for performance of assigned duties, such as department heads or other officials using the car during the day for official business.
(2) {Reserved}.
(3) Individuals who commute from an area beyond public transportation and who cannot reach employment except by the individual's own car.
(4) Regularly assigned State cars that must be parked near the agency for daily business use. On the parking permits for State cars, the bureau, division or other unit designation must be listed in the name and address column along with the license number and category.
(5) Individuals who participate in a carpool. For carpools, a permit will be assigned to a principal driver and recorded as such by the Departmental Parking Officer, along with alternate drivers. An alternate driver may use this permit during any absence of the principal driver.
(6) Individuals with irregular working hours.
§ 71.5. Trading assigned parking permits.
(a) The Departmental Parking Officer shall approve or disapprove the trading of assigned permits between employees of the department.
(b) The trading of assigned permits between employees of different departments is prohibited and if it is found to have occurred, the Departmental Parking Officers will recall the parking permit from the assignee.
§ 71.6. Miscellaneous requirements and prohibitions.
(a) Types and styles of parking permits will vary with need. Specific instructions for the type and style of the permit will be furnished to the employee with the permit at the time of issue. These instructions are in addition to the requirements contained in this chapter.
(b) Departmental Parking Officers shall ensure that no employee has the use of more than one parking space on Commonwealth parking facilities.
(c) Vehicle operators shall be personally responsible for ensuring that parking permits are properly positioned or displayed on the vehicle they park on Commonwealth parking facilities.
(d) Parking permits shall be replaced when they are no longer legible. Damaged permits shall be returned to Departmental Parking Officers by the assignee with a request for a replacement.
(e) Parking permits shall be returned to the Departmental Parking Officer, agency of issue, when an employee departs State service, transfers to another State agency or at the request of the Departmental Parking Officer.
(f) Display of placards or signs designating ''Official Business,'' ''Messenger,'' ''Mail Car,'' ''Service Car'' and similar statements instead of an official parking permit provided by the Department of General Services is not authorized and the operator will be cited for violation of the parking rules and regulations.
(g) The Commonwealth is not responsible for fire, theft or damage to any vehicle, or its contents, while it is parked on Commonwealth parking facilities.
(h) Unauthorized fabrication or duplication of official parking permits is unlawful, and offenders will be cited for violation of laws, rules and regulations.
(i) Parking permits will be issued for the nearest available parking area to the employee's place of employment, to the extent possible and practical.
TEMPORARY PARKING PERMITS § 71.11. General requirements.
(a) Temporary parking permits will be issued only against known vacancies in permanently allocated spaces. Temporary parking permits must be initialed by the Departmental Parking Officer.
(b) Upon the expiration of the time designated on the temporary permit, the temporary permit shall be returned to the Departmental Parking Officer by the assignee. Failure to do so will forfeit future parking privileges.
(c) {Reserved}.
(d) A temporary parking permit will not be issued to an employee who leaves a personal car parked in an assigned space for a State car. The permanent parking permit for the State car may be transferred to the personal car but must be returned to the State car when the State car is parked in its assigned area.
§ 71.12. {Reserved}.
LOST OR STOLEN PERMITS § 71.21. Reporting and investigating.
(a) Lost or stolen permits shall be reported to the Commonwealth Parking Officer by giving the name of the person to whom the permit was issued and the permit and area numbers.
(b) A person using a State car shall be responsible for notifying the Departmental Parking Officer if the State car has no parking permit. Unless there is evidence of a theft through break-in, the person who operated the State car immediately preceding the report shall be responsible for the loss of the permit.
(c) {Reserved}.
(d) {Reserved}.
(e) The Departmental Parking Officer should require factual information concerning the reported lost or stolen permit before requesting an investigation by the Capitol Police.
SPECIAL VISITOR PARKING § 71.31. General requirement.
(a) Agency requirements for special visitor parking for conferences, committee meetings and other special purposes shall be submitted to the Departmental Parking Officer at least 4 working days prior to the date of requirement.
(b) The Departmental Parking Officer shall consider these special requirements in certain designated areas. Because the special visitor parking areas are limited, requests shall be honored on a first come, first served basis.
USE OF PARKING FACILITIES § 71.41. Surveys to ensure maximum utilization.
(a) Surveys shall be made periodically by the Commonwealth Parking Officer of the various parking facilities to ensure maximum utilization.
* * * * * § 71.42. Instructions to permit holders.
(a) Proper parking accommodations necessitate the cooperation of the employee, Capitol Police and the Departmental Parking Officer. Therefore, the following instructions are issued for the employee so that effective operation of the parking facilities may be achieved:
(1) A parking permit shall be displayed where it can be easily read through the windshield on the driver's side of the vehicle.
(2) Capitol Police Officers are not required to search for the permit or guess as to its information. Failure to comply with permit requirements constitutes unauthorized parking.
(3) {Reserved}.
(4) Upon leaving employment, even by transfer to another State agency, the employee's parking permit shall be returned to the Departmental Parking Officer and the new agency should be consulted for parking accommodations. Permits not returned upon separation shall be reported to the Capitol Police as stolen. The agency will be sent an invoice for the replacement permit.
(5) {Reserved}.
(b) Parking permits shall be issued by the Departmental Parking Officer on the basis of relative need. They can be recalled as circumstances and needs change throughout the year.
§ 71.43. Underground garages.
(a) The following provisions shall be complied with by personnel using the underground garages:
(1) Parking spaces in the underground garages are assigned by individual stall numbers. The permit shows the stall number and does not authorize parking in any other stall. If the stall is found to be already occupied, report this to the Departmental Parking Officer and park only as directed. Do not park in someone else's assigned stall.
(2) Parking in the garage on any level is restricted to passenger vehicles and motorcycles.
(3) When entering the garage, follow the directional signs, arrows and the directions of the Capitol Police Officer on duty, as applicable.
(4) Radio antennas must be kept down to the roof level of the car due to low ceiling height.
(5) Vehicles may not be driven in excess of 10 miles per hour.
(6) Headlights must be turned on low beam at all times when the car is in motion.
(7) The horn may be sounded only to avoid an accident. Cars must be brought to a full stop before entering the garage.
(8) {Reserved}.
(9) {Reserved}.
(10) No engines are to be run unnecessarily. Engines may be run only to arrive and depart from a parking position. To preclude unnecessary build-up of carbon monoxide and other gases, no preheating of cars during inclement weather is permitted.
(b) Violators will lose their indoor parking privilege for a violation of the provisions of this section.
§ 71.44. Compliance with procedure, parking violations, fines and penalties.
(a) General. Failure to comply with the procedures contained in this chapter and the posted parking instructions or restrictions at Commonwealth-owned or Commonwealth-leased parking areas constitutes unauthorized parking and operators of vehicles involved in the violation will be cited accordingly.
(b) Parking violations. Additionally, vehicle operators will be cited for violation when the vehicle they are operating, whether attended or unattended, is parked in any of the following:
(1) No parking zone.
(2) Bus zone.
(3) Unloading zone or entrance ramp.
(4) Reserved parking space or stall.
(c) Fines and payment. A person who receives from a Capitol Police Officer a parking ticket for violation of the parking rules and regulations contained in this chapter will be required to pay a fine of $30 (increased to $50 if not paid within 4 business days from date of violation). Instructions for payment of the fine are provided on the parking ticket. If the violator fails to pay the fine within the cited period, the record of violation will be forwarded to the Magisterial District Judge.
(d) Penalty. A person violating this chapter shall, upon summary conviction thereof, be sentenced to pay a fine of $50 and costs of prosecution and in default of payment, may be subject to imprisonment for not more than 5 days.
(e) Enforcement provisions. Enforcement of the provisions of this chapter shall conform with the following:
(1) Informations charging violations of any of the summary provisions of this chapter, in such detail as the department may prescribe as being necessary for its records, shall be brought before the designated Magisterial District Judge within the city, borough, incorporated town or township in the county where the alleged violation occurred within 90 days after the commission of the alleged offense and not thereafter, except that when an information is filed against a person prima facie guilty of a summary offense, and it subsequently appears that a person other than the person named in the information was the offender or violator, an information may be filed against that other person within 30 days after that person's identity has been discovered, and not thereafter.
(2) A salaried member of the Capitol Police, when in uniform or exhibiting a badge or other sign of authority, whenever a violation of the rules and regulations described in this chapter is committed in their presence, is vested with the authority to present the alleged offender a printed notice citing the offense or violation, the reverse side of which contains the amounts of the fines and instructions for payment.
(3) The Commonwealth Parking Officer, upon accepting payment of the fine from an individual for a cited offense or violation, shall issue a receipt to the person acknowledging payment and shall record the payment upon the docket.
§ 71.46. {Reserved}.
[Pa.B. Doc. No. 25-34. Filed for public inspection January 10, 2025, 9:00 a.m.]
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