45 Pa.C.S. Ch. 7

in effect

45 Pa.C.S. § 701 Official codification created.

It shall be the duty of the Legislative Reference Bureau, subject to the policy supervision and direction of the joint committee, to compile, edit and supplement or to contract through the department for the compilation, editing and supplementation of an official legal codification, to be divided into titles of convenient size and scope, and to be known as the "Pennsylvania Code."

45 Pa.C.S. § 702 Contents of Pennsylvania Code.

Except as otherwise provided by regulations promulgated by the joint committee, the following documents shall be codified in the code: (1) All proclamations and executive orders of the Governor which are general and permanent in nature. (2) All administrative and other regulations. (3) All statements of policy which are general and permanent in nature. (4) All documents or classes of documents required to be codified in the code by statute. (5) All general rules and rules of court. (6) Any other judicial document or class of documents which the governing authority of the unified judicial system finds to be general and permanent in nature. (7) Any other document or class of documents which the Governor, the joint committee or the Director of the Legislative Reference Bureau finds to be general and permanent in nature. Cross References. Section 702 is referred to in sections 724, 726, 902 of this title.

45 Pa.C.S. § 721 Publication of official codification.

It shall be the duty of the Legislative Reference Bureau, subject to the policy supervision and direction of the joint committee, to arrange through the Department of General Services for the prompt publication of the code, the permanent supplements thereto and the bulletin, in the manner and at the times required in accordance with this subchapter and regulations promulgated hereunder. (Sept. 24, 2014, P.L.2461, No.133, eff. 60 days) Cross References. Section 721 is referred to in section 726 of this title.

45 Pa.C.S. § 722 Deposit of documents required.

(a) General rule.--Two duplicate original copies, certified by the executive officer, chairman or secretary of the agency, or by the Administrative Office of Pennsylvania Courts or the clerk or prothonotary of the Supreme Court, in the case of a judicial document, of any document required or authorized to be published under this subchapter, shall be deposited with the Legislative Reference Bureau. If the bureau finds that such document has been approved as to legality, if such approval is required by 2 Pa.C.S. § 305 (relating to approval as to legality), and is in the form and format required by any applicable regulations promulgated under 2 Pa.C.S. § 306 (relating to format of regulations) or section 509 of this title (relating to format of documents), it shall file such document, assign thereto and indicate thereon a distinctive serial number, and indicate thereon the date and time of filing. (b) Disposition of copies.--Upon such filing one copy shall be immediately available for public inspection and copying under regulations promulgated by the joint committee, which copy shall be retained by the bureau for one year after the publication thereof, whereupon it shall be forwarded to the Pennsylvania Historical and Museum Commission for preservation in the Commonwealth archives. The other copy shall be processed for publication as provided in this subchapter. (c) Effect of failure to file.--Every agency, the Administrative Office of Pennsylvania Courts and the clerk or prothonotary of the Supreme Court shall cause to be transmitted to the bureau for deposit as herein provided two certified duplicate original copies of all documents issued, prescribed or promulgated by the agency or the unified judicial system which are required by or pursuant to this subchapter or any other provision of law to be deposited or published, or both, under this part; in default of which any such document shall be effective only to the extent provided in section 903 (relating to effective date of documents). If an agency and the bureau disagree concerning the form or format of a document required or authorized to be deposited with the bureau, the agency may refer the matter to the joint committee, which shall resolve the conflict pursuant to the standards and procedures provided by section 723(a) (relating to processing of deposited documents). (d) Home rule charter documents and optional plans of government.--(Deleted by amendment). (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 24, 2014, P.L.2461, No.133, eff. 60 days) Amendment. Act 133 amended subsecs. (b) and (c) and deleted subsec. (d).

45 Pa.C.S. § 723 Processing of deposited documents.

(a) Review of deposited text.--The bureau, or a qualified contractor selected by the bureau with the approval of the joint committee, may review any or all documents deposited with the bureau before they are released for publication, and may prepare in active cooperation with an agency a revised text of any document relating to the administrative regulations of the agency which conforms fully to the format established for the code, which eliminates all obsolete, unnecessary or unauthorized material, which has been prepared in such a manner as to lend to the published code as a whole uniformity of style and clarity of expression, and which does not effect any change in the substance of the deposited text of such regulations. (b) Status of revised text.--(Deleted by amendment). (Sept. 24, 2014, P.L.2461, No.133, eff. 60 days) Previously Filed Regulations. Section 6 of Act 160 of 1976 provided that, notwithstanding section 723(b), an agency may file written objections with the joint committee within 60 days after receiving the revised text of any regulations not previously published in the Pennsylvania Code which were filed in the Legislative Reference Bureau prior to the enactment of Act 160. Cross References. Section 723 is referred to in section 722 of this title.

45 Pa.C.S. § 724 Preliminary publication in Pennsylvania Bulletin.

(a) General rule.--Except as provided in subsection (c), all documents required or authorized by section 702 (relating to contents of Pennsylvania Code) to be codified in the code, and all other documents required or authorized by section 725 (relating to additional contents of Pennsylvania Bulletin) to be published, shall be published in the first available issue of an official gazette, known as the "Pennsylvania Bulletin," published after the filing of such documents by the Legislative Reference Bureau. (b) Frequency and format of bulletin.--The following shall apply: (1) The bulletin shall be published at least once each week and shall contain all previously unpublished documents duly filed prior to the closing date and hour of the issue, which date and hour shall appear upon the first page of such issue. All issues of the bulletin shall contain a table of contents. A cumulative index shall be published at least once each three months. (2) Notwithstanding paragraph (1), the joint committee may provide for different publication of the bulletin and indices as circumstances may require. (3) There shall be published with each document under this section a notation of the date of filing thereof. (c) Official synopsis.--The joint committee may provide for the publication of an official synopsis of a document in the bulletin in lieu of the full text thereof in any case where the full text of such document will be published pursuant to section 726 (relating to permanent supplements to Pennsylvania Code) within 120 days of the publication of such official synopsis. (Sept. 24, 2014, P.L.2461, No.133, eff. 60 days; Nov. 5, 2021, P.L.427, No.82, eff. imd.) 2021 Amendment. Act 82 amended subsec. (b). See section 1 of Act 82 in the appendix to this title for special provisions relating to findings and declarations. 2014 Amendment. Act 133 amended subsecs. (a) and (b). Cross References. Section 724 is referred to in section 732 of this title.

45 Pa.C.S. § 725 Additional contents of Pennsylvania Bulletin.

(a) General rule.--Except as otherwise provided by regulations promulgated by the joint committee the following documents, if not otherwise required to be published by this part, shall be published in the bulletin: (1) All proclamations and executive orders of the Governor, except such as have no general applicability and legal effect or are effective only against Commonwealth agencies or persons in their capacity as officers, agents or employees thereof. (2) All agency notices directed to the public with respect to proceedings conducted under any statute the expense of the administration of which is by law assessed directly against the class of persons regulated or supervised thereunder. (3) All agency documents which are required by law to be published, or the expense of publication of which is specially assumed by the agency filing such document. (4) Any legislative document filed with the Legislative Reference Bureau pursuant to a resolution adopted by either House of the General Assembly. (5) Any judicial document filed with the Legislative Reference Bureau by the Administrative Office of Pennsylvania Courts. (6) Any other document or class of documents which the Governor, the joint committee or the Director of the Legislative Reference Bureau may require or authorize to be published in the bulletin. (b) Power to require publication of certain documents in the bulletin.--Whenever the joint committee finds, after notice to the agency affected and opportunity for hearing, that public notice of any agency action or proceeding or class of actions or proceedings is required by due process of law, or in the discretion of the joint committee should otherwise be given for the information of the public, the joint committee may by regulation require the agency to prepare and deposit under this part notice of each such action or proceeding at such time and containing in each case such information as the regulations of the joint committee may require. If an agency fails to deposit a notice required pursuant to this subsection the action of the agency or the results of the proceeding shall not be valid for any purpose. Cross References. Section 725 is referred to in sections 724, 732 of this title; section 8502 of Title 24 (Education); section 5902 of Title 71 (State Government); sections 6121, 6131 of Title 74 (Transporation); sections 4908, 9206 of Title 75 (Vehicles).

45 Pa.C.S. § 726 Permanent supplements to Pennsylvania Code.

(a) General rule.--At least once each year all documents required or authorized pursuant to section 702 (relating to contents of Pennsylvania Code) to be codified in the code which have been filed with the bureau pursuant to this part shall be permanently integrated into the code by publication pursuant to section 721 (relating to publication of official codification). The index to the code shall be similarly supplemented. (b) Annotations.--The Legislative Reference Bureau may prepare, or may secure by contract, and incorporate into the permanent supplements to the code annotations of judicial decisions relating to any class of documents published in the code. (Sept. 24, 2014, P.L.2461, No.133, eff. 60 days) 2014 Amendment. Act 133 amended subsec. (a). Cross References. Section 726 is referred to in sections 724, 732 of this title.

45 Pa.C.S. § 727 Matter not required to be published.

Except as otherwise provided by regulations promulgated by the joint committee, whenever a document incorporates by reference any portion of the text of any of the following publications the Legislative Reference Bureau, unless the agency specifies otherwise in its order adopting the document, shall omit the text of such incorporated material from the text of the document as published in the code, the permanent supplements thereto, and the bulletin: (1) Statutes at Large. (2) United States Code. (3) Laws of Pennsylvania. (4) Pennsylvania Consolidated Statutes. (5) Code of Federal Regulations. (6) Federal Register. (7) Any uniform system of accounts published by the National Association of Regulatory Utility Commissioners. (8) Any generally available standard published by any of the standardizing organizations listed in United States Department of Commerce Miscellaneous Publication 288, issued August 1, 1967, or supplements thereto or reissues thereof. (9) Any other generally available publication approved by the bureau.

45 Pa.C.S. § 728 Matter not permitted to be published.

Notwithstanding any other provision of this part no press release, speech, or other unofficial comments or news material shall be published in the code, the permanent supplements thereto, or in the bulletin.

45 Pa.C.S. § 729 Publication of individual documents.

(a) General rule.--The code and the permanent supplements thereto shall be published pursuant to typographical and contractual arrangements which shall ensure to every agency and the unified judicial system an opportunity to procure at reasonable cost individually printed pamphlet copies of the regulations, statements of policy, general rules and rules of court of such agency or the unified judicial system published by authority of this part. (b) Approval required for special format.--No administrative regulation, statement of policy, general rule or rule of court published in the code or the permanent supplement thereto shall be reset or otherwise reprinted at public expense upon a format distinct from that of the code without a certification by the joint committee that such special format is necessary for the effective performance by the agency or the unified judicial system of its functions. Cross References. Section 729 is referred to in sections 505, 732 of this title.

45 Pa.C.S. § 730 Pricing and distribution of published documents.

The prices to be charged for individual copies of and subscriptions to the code, the permanent supplements thereto and the bulletin, for reprints and bound volumes thereof and for pamphlet regulations, statements of policy, general rules and rules of court, which prices may be fixed without reference to the restrictions placed upon and fixed for the sale of other publications of the Commonwealth, and the number of copies which shall be distributed free for official use, shall be set by regulations promulgated by the joint committee. Without limiting the generality of the foregoing, such regulations may provide for volume discounts available to established law book publishers who agree to incorporate fully the code, the permanent supplements thereto and the bulletin into their general scheme of promotion and distribution and may provide for the free reciprocal exchange of publications between this Commonwealth and other states and foreign jurisdictions and for the free distribution upon request of every publication printed under authority of this part to each: (1) County for the use of its law library. (2) (Deleted by amendment). (3) (Deleted by amendment). (Sept. 24, 2014, P.L.2461, No.133, eff. 60 days) 2014 Amendment. Act 133 amended the intro. par. and deleted pars. (2) and (3).

45 Pa.C.S. § 731 Automatic subscriptions (Deleted by amendment).

2014 Amendment. Section 731 was deleted by amendment September 24, 2014, P.L.2461, No.133, effective in 60 days.

45 Pa.C.S. § 732 Required contractual arrangements.

(a) General rule.--The following shall be published by the bureau or by a contractor under subsection (b): (1) the code; (2) the permanent supplements thereto published pursuant to section 726 (relating to permanent supplements to Pennsylvania Code); (3) pamphlet copies of regulations, statements of policy, general rules and rules of court published pursuant to section 729 (relating to publication of individual documents); and (4) the bulletin (unless the application of this section to the bulletin is found to be impracticable by the joint committee after notice in the bulletin and opportunity for hearing) published pursuant to section 724 (relating to preliminary publication in Pennsylvania Bulletin) and section 725 (relating to additional contents of Pennsylvania Bulletin). (b) Selection of contractor.--A contract under subsection (a) shall be given in one of the following manners: (1) After reasonable public invitation for proposals, to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by the joint committee. (2) After investigation and public hearing by the joint committee, to a sole source contractor selected by the joint committee. (c) Conflict of interest.--No officer or employee of the Commonwealth shall be in any way interested in any purchase made by the Commonwealth under any such contract or otherwise. (d) Definitions.--(Deleted by amendment). (Sept. 24, 2014, P.L.2461, No.133, eff. 60 days) 2014 Amendment. Act 133 amended subsecs. (a) and (b) and deleted subsec. (d). Cross References. Section 732 is referred to in section 503 of this title.

45 Pa.C.S. § 741 Electronic publication of municipal codes.

(a) Authorization.--In accordance with the act of May 29, 1935 (P.L.244, No.102), referred to as the Local Government Commission Law, the Local Government Commission may, in addition to or in lieu of printed publication and distribution, publish, maintain and update electronic copies of the following: (1) The act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code. (2) The act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code. (3) The act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code. (4) The act of August 9, 1955 (P.L.323, No.130), known as The County Code. (5) The act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code. (b) Availability.--Publications under subsection (a) shall be available on an Internet website maintained by the commission in a secure format accessible to the public and shall be updated within 60 days of the enactment of any amendment. References in Text. The act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code, referred to in subsec. (a)(1), was repealed by the act of November 24, 2015 (P.L.242, No.67). The subject matter is now contained in Part V of Title 11 (Cities). The act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, referred to in subsec. (a)(5), was repealed by the act of April 18, 2014 (P.L.432, No.37). The subject matter is now contained in Part I of Title 8 (Boroughs). The act of August 9, 1955 (P.L.323, No.130), known as The County Code, referred to in subsec. (a)(4), was repealed by the act of May 8, 2024 (P.L.50, No.14). The subject matter is now contained in Title 16 (Counties).

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=45Fetched: 10/16/2026