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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 05-1274c

[35 Pa.B. 3704]

[Continued from previous Web Page]

Regulation Being Considered Proposed Date of Promulgation Need and Legal Basis for Action Agency Contact
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 241.1 (definition of class of service multiplier) Summer 2005 Regulations have been superseded by statutory amendments Salvatore A.
Darigo, Esq.
(717) 787-7317
4 Pa. Code § 243.8.Classes of service. Robert Gentzel
(717) 787-9657
4 Pa. Code § 249.2(a) Administrative duties of the Board.
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings
37 Pa. Code Chapter 50
January 2006, as proposed. Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749 Syndi L. Guido
Policy Director
717-772-0905
DNA Detection of Sexual and Violent Offenders.
37 Pa. Code Chapter 58
January 2006, as proposed Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions. Syndi L. Guido
Policy Director
717-772-0905
Administration of Megan's Law--Neighbor Notification
37 Pa. Code Chapter 55
January 2006, as proposed Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa. C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of Act 152 of 2004, which made substantive amendments to Megan's Law. Syndi L. Guido
Policy Director
717-772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
177--Emission Inspection
67 Pa. Code, Chapter 177
FY05-06 This regulation must be retained to stay in compliance with clean air goals. Due to various Vehicle Code amendments and other desired changes, amendments to the regulations are required in the areas of: inspection station signage, inspection sticker ordering procedures, the number of tests per hour, trigger provisions for program test types and frequency and definitions. John Munafo
717-787-2171
43--Temporary Registration Cards and Plates
67 Pa. Code, Chapter 43
FY05-06 Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts. Joe Centurione
717-787-2171
175--Vehicle Equipment and Inspection
67 Pa. Code, Chapter 175
FY05-06 Several changes in law currently supercede some facets of this regulation. Due to various Vehicle Code amendments and other desired changes, amendments to the regulations are required in the areas of: hours of inspection station operation, the coordination of inspection and registration, street rod equipment requirements, refunds for unused stickers, definitions and the elimination of delayed language. John Munafo
717-787-2171
75--Driver's License Exam
67 Pa. Code, Chapter 75
December 2005 The regulation is being revised to allow chiropractors to complete the learner's permit physical. HB 1912, Act 76, passed July 15, 2004, requires us to allow chiropractors to complete this physical. Anne Titler
717-783-4737
21--Odometer Read Disclosure Statements
67 Pa. Code, Chapter 21
FY05-06 Changes are needed to bring the regulation current with the Vehicle Code, specifically to specify the age at which a vehicle becomes exempt from odometer disclosure. Joe Centurione
717-787-2171
23--Delivery of Certificates of Title
67 Pa. Code, Chapter 23
FY05-06 The method of title delivery has changed due to the electronic lien and title program (75 PA.C.S, Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail. Joe Centurione
717-787-2171
13--Special Mobile Equipment
67 Pa. Code, Chapter 13
FY05-06 Act 211 of 2004, which took affect January 29, 2005, changed the vehicle code definition of special mobile equipment. The regulation needs revised to align with that definition change. Joe Centurione
717-787-2171
51--Transfer, Exchange & Reclassification of Registration
67 Pa. Code, Chapter 51
December 2005 An amendment is needed to eliminate the transfer fee dollar amount reference, and replace with a reference to Section 1927 of the Vehicle Code. This will eliminate regulatory changes. Phil VanBriggle
717-787-2171
71--School Bus Drivers
67 Pa. Code, Chapter 71
December 2005 The regulation needs to be revised to allow chiropractors to complete the school bus driver physical. HB 1912, Act 76, passed July 15, 2004, requires us to allow chiropractors to complete this physical. Chris Miller
717-346-9479
86--Occupational Limited License
67 Pa. Code, Chapter 86
December 2005 Ordered by legislation to clarify the investigative process for occupational limited license. SB 8, Act 24, passed September 30, 2003, requires the Department to promulgate regulations to clarify how and when the Department will require additional information or conduct an investigation regarding a petition for an occupational limited license. Anne Titler
717-783-4737
88--Ignition Interlock
67 Pa. Code, Chapter 88
July 2005 Ordered by legislation to clarify procedures and penalties associated with ignition interlock. SB 8, Act 24, passed September 30, 2003, requires the Department to promulgate regulations to provide administrative direction for the ignition interlock program and to provide a mechanism for making a financial-hardship exemption available for the ignition interlock requirements. Anne Titler
717-783-4737
255--Messenger Services
67 Pa. Code, Chapter 255
FY05-06 Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts. Joe Centurione
717-787-2171
102--Child Passenger Protection
67 Pa. Code, Chapter 102
December 2005 Under Act 229, regulations are needed exempting the use of child passenger restraint systems when impractical for physical reasons, including but not limited to, medical reasons or size of the child. D. J. Reed
Jessica Petrewicz
717-783-6853
201--Engineering & Traffic Studies
67 Pa. Code, Chapter 201
December 2005 The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 201 will be deleted and its language will become part of the new regulation. Richard Sesny
717-783-6080
203--Work Zone Traffic Control
67 Pa. Code, Chapter 203
December 2005 The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 203 will be deleted and its language will become part of the new regulation. Richard Sesny
717-783-6080
204--Additional Traffic Control Devices in Highway Work Zones--Statement of Policy
67 Pa. Code, Chapter 204
December 2005 The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 204 will be deleted and its language will become part of the new regulation. Richard Sesny
717-783-6080
211--Official Traffic Control Devices
67 Pa. Code, Chapter 211
December 2005 The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 211 will be deleted and its language will become part of the new regulation. Richard Sesny
717-783-6080
212--Official Traffic Control Devices
67 Pa. Code, Chapter 212
December 2005 Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices. Chapter 212 is a new regulation which will be used as the instrument to adopt the Manual. Richard Sesny
717-783-6080
217--Posting of Private Parking Lots
67 Pa. Code, Chapter 217
December 2005 The Federal Highway Administration is requiring us to adopt the new National Manual on Uniform Traffic Control Devices as our traffic control standard. The Manual will be incorporated as reference in a new regulation, Chapter 212. Chapter 217 will be deleted and its language will become part of the new regulation. Richard Sesny
717-783-6080
441--Access to and Occupancy of Highways by Driveways and Local Roads
67 Pa. Code, Chapter 441
December 2005 To be updated to better reflect current requirements. Dan Smyser
717-787-6227
[Pa.B. Doc. No. 05-1274. Filed for public inspection July 1, 2005, 9:00 a.m.]



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