Title 1—GENERAL PROVISIONS JOINT COMMITTEE ON DOCUMENTS [ 1 PA. CODE CH. 1 ] Preliminary Provisions; Definitions [41 Pa.B. 2686]
[Saturday, May 28, 2011]The Joint Committee on Documents (JCD) amends § 1.4 (relating to definitions) to read as set forth at 40 Pa.B. 4392 (August 7, 2010).
Statutory Authority
Section 1.4 is 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 Final-Form Rulemaking
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 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 final-form rulemaking amends § 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.
Summary of Comments
The JCD received two public comments from librarians, one of which arrived after the close of the comment period. The Independent Regulatory Review Commission (IRRC) also commented on the proposed rulemaking.
The comments from the librarians opposed the elimination of the paper copy based on the public need to access these materials in paper as well as electronically. In addition, the librarians were concerned with the official printed version being different from the online version.
The JCD is not eliminating the paper copies of either publication. All Chapter 15 subscribers are free to purchase the paper version of the Code and Bulletin. The subscriptions for State entities will no longer be paid for by the LRB. Libraries, judges and the public may still purchase paper versions. The JCD regrets having to eliminate these subscriptions, but the budget appropriation will simply not cover the printing and the ''free'' copies. The printed version is still the ''official'' version and the LRB routinely certifies documents under § 17.34 (relating to reproductions and certified copies of documents).
IRRC questioned how the JCD intends to comply with the existing distribution requirements in light of Chapter 15. The JCD has amended its definition of ''copy'' to include the electronic version. Chapter 15 entities may still choose to purchase paper copies. There is simply no money in the budget for the LRB to continue to purchase the paper subscriptions.
Effective Date
The final-form rulemaking is effective on July 1, 2011.
Fiscal Impact
There will not be fiscal impact on the general public as a result of this final-form rulemaking. Political subdivisions may be slightly impacted if magisterial district judges choose to continue paper subscriptions. The LRB paid $458,982 for Chapter 15 subscriptions in 2010. 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 27, 2010, the JCD submitted a copy of the notice of proposed rulemaking, published at 40 Pa.B. 4392, to IRRC and the Chairpersons of the House State Government Committee and Senate Rules and Executive Nominations Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the JCD has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on April 27, 2011, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 28, 2011, and approved the final-form rulemaking.
Contact Person
Questions regarding this final-form 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.
Findings
The JCD finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This regulation does not enlarge the purpose of the proposed rulemaking published at 40 Pa.B. 4392.
(4) This regulation is necessary and appropriate for administration and enforcement of the authorizing acts.
Order
The JCD, acting under the authorizing statutes, orders that:
(a) The regulations of the JCD, 1 Pa. Code Chapter 1, are amended by amending § 1.4 to read as set forth at 40 Pa.B. 4392.
(b) The Secretary of the JCD shall submit this order and 40 Pa.B. 4392 to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Secretary of the JCD shall submit this order and 40 Pa.B. 4392 to IRRC and the Senate Rules and Executive Nominations and the House State Government Committees as required under the Regulatory Review Act.
(d) The Secretary of the JCD shall certify this order and 40 Pa.B 4392 and deposit them with the LRB as required by law.
(e) This order shall take effect July 1, 2011.
MARY JANE PHELPS,
Secretary(Editor's Note: See 41 Pa.B. 2669 (May 21, 2011) for a notice relating to this final-form rulemaking.)
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 41 Pa.B. 2502 (May 14, 2011).)
Fiscal Note: Fiscal Note 53-9 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 11-871. Filed for public inspection May 27, 2011, 9:00 a.m.]
