PROPOSED RULEMAKING

GAME COMMISSION

[58 PA. CODE CH. 131]

Preliminary Provisions

[36 Pa.B. 4203]
[Saturday, August 5, 2006]

   To effectively manage the wildlife resources of this Commonwealth, the Game Commission (Commission), at its April 18, 2006, meeting, proposed to amend § 131.6 (relating to administration of police powers by wildlife conservation officers).

   The proposed rulemaking will have no adverse impact on the wildlife resources of this Commonwealth.

   The authority for the proposed rulemaking is 34 Pa.C.S. (relating to Game and Wildlife Code) (code).

   The proposed rulemaking was made public at the January 24, 2006, meeting of the Commission. Comments can be sent until September 29, 2006, to the Director, Information and Education, Game Commission, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797.

1.  Purpose and Authority

   On September 30, 2003, this Commonwealth's Driving Under the Influence (DUI) statutes were substantially modified and relocated from 75 Pa.C.S. § 3731 to 75 Pa.C.S. §§ 3801--3817. Despite the Commission's awareness of the amendment, § 131.6 has yet to be formally amended to reflect the significant changes to the DUI statutes. Therefore, the Commission is proposing to amend § 131.6 to finally correct and update the inaccurate DUI citation to reflect current, amended DUI citations.

   Section 901(a)(17) of the code (relating to powers and duties of enforcement officers) states in relevant part ''All powers as provided for in this paragraph [relating to enforcement of police powers] will be limited by such administrative procedure as the director, with the approval of the commission, shall prescribe.'' Section 322(c)(12) of the code (relating to powers and duties of commission) specifically empowers the Commission to ''Take any necessary action to accomplish and assure the purposes of this title.'' The amendment to § 131.6 is proposed under this authority.

2.  Regulatory Requirements

   The proposed rulemaking amends § 131.6 to correct and update the existing DUI citation to reflect the current, amended DUI citations.

3.  Persons Affected

   Persons subject to the current DUI statutes of the Commonwealth may be affected by the proposed rulemaking.

4.  Cost and Paperwork Requirements

   The proposed rulemaking should not result in any additional cost or paperwork.

5.  Effective Date

   The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin and will remain in effect until changed by the Commission.

6.  Contact Person

   For further information regarding the proposed rulemaking, contact Michael A. Dubaich, Director, Bureau of Law Enforcement, 2001 Elmerton Avenue, Harrisburg, PA 17110-9797, (717) 783-6526.

CARL G. ROE,   
Executive Director

   Fiscal Note:  48-232. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 58. RECREATION

PART III. GAME COMMISSION

CHAPTER 131. PRELIMINARY PROVISIONS

§ 131.6. Administration of police powers by wildlife conservation officers.

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   (c)  Violations. A wildlife conservation officer may, subject to the limitations in subsections (a) and (b), act only in cases of violations of the following provisions:

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   (3)  Title 75 of the Pennsylvania Consolidated Statutes §§ [3731,] 3732, 3735 [and], 3742 and 3801--3817.

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[Pa.B. Doc. No. 06-1495. Filed for public inspection August 4, 2006, 9:00 a.m.]

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