STATE SYSTEM OF
HIGHER EDUCATION[22 PA. CODE CH. 507] Operation of Motor Vehicles on State System Facilities [30 Pa.B. 1378] The Board of Governors of the State System of Higher Education (State System) proposes to amend §§ 507.13 and 507.14 (relating to crimes and offenses relating to the operation and parking of a motor vehicle; and enforcement) to read as set forth in Annex A.
The proposed revision would amend § 507.13(c), by authorizing the Board of Governors to set the amounts of fines for each campus or facility upon the recommendation of the Chancellor or the respective university president. The change followed General Assembly action in amending 24 Pa.C.S. § 20-2006-A(13.1) (relating to powers and duties of the board of governors) to permit the Board to set the amounts for fines for violations of the rules respecting the use, parking and operation of motor vehicles on State System facilities, which may exceed the amounts which municipalities are authorized to assess for these offenses under 75 Pa.C.S.A. (relating to vehicles). The proposed amendments would enhance the ability of the State System to regulate and deter the violation of parking and operational rules, thus alleviating congestion, speeding, reckless driving and other activities which may threaten the health, welfare and safety of individuals residing on or using State System facilities.
Fiscal Impact
The proposed amendments would have no adverse fiscal impact. Costs would be recovered through fines and fees.
Paperwork Requirements
The statutory authority for the proposed rulemaking is 24 Pa.C.S. §§ 20-2006-A(a)(6).
Under section 5(a) of the Regulatory Review Act (71 P. S. §§ 745.5(a)), on February 24, 2000, the State System submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Education and the Senate Committee on Education. In addition to submitting the proposed rulemaking, the State System has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the State System in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed rulemaking, it will notify the State System within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the amendments, by the agency, the General Assembly and the Governor of objections raised.
Sunset Review
These are ongoing regulations made necessary by 18 Pa.C.S. § 7505 (relating to violation of governmental rules regarding traffic) to facilitate enforcement of traffic laws at State System facilities. They are periodically reviewed by the Office of the Chancellor.
Contact Person
Persons with questions or who wish further information about the proposed amendments may contact Robert A. Mulle, Chief Legal Counsel, State System of Higher Education, Dixon University Center, 2986 North Second Street, Harrisburg, PA 17110, (717) 720-4030.
Public Comments
Public comments are invited and may be directed to Robert A. Mulle at the previously mentioned address and telephone number, within 30 days after publication of this notice in the Pennsylvania Bulletin.
JAMES H. MCCORMICK,
ChancellorFiscal Note: 71-007. No fiscal impact; (8) recommends adoption.
Annex A TITLE 22. EDUCATION PART XVII. STATE SYSTEM OF HIGHER EDUCATION CHAPTER 507. FINANCE AND ADMINISTRATION OPERATION OF MOTOR VEHICLES ON UNIVERSITY CAMPUSES Campuses § 507.13. Crimes and offenses relating to the operation and parking of a motor vehicle.
* * * * * (c) Fines. [The following fines apply to violators of restrictions in subsections (a) and (b):
(1) A person convicted of a summary offense under subsection (a) will be sentenced to pay a fine not exceeding $15.
(2) A person convicted of a summary offense under subsection (b) will be sentenced to pay a fine not exceeding $5.]
The Board of Governors will set the amounts of the fines for each campus or facility upon the recommendation of the chancellor or the respective university president.
§ 507.14. Enforcement.
* * * * * (b) Booting. An immobilizing device may be placed on any vehicle with three or more delinquent tickets to compel payment of fines. A service charge, not to exceed [$25] $50, may be assessed for the removal of immobilizers.
* * * * * [Pa.B. Doc. No. 00-423. Filed for public inspection March 10, 2000, 9:00 a.m.]
