INDEPENDENT REGULATORY REVIEW COMMISSION Actions Taken by the Commission [31 Pa.B. 6998] The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 6, 2001, and took the following actions:
Regulations Approved:
Pennsylvania Securities Commission #50-116: National Securities Markets Improvement Act of 1996 Amendments (amends 64 Pa. Code Chapters 202, 203, 301--304 and 606)
State Board of Medicine #16A-4910: Licensure, Certification, Examination and Registration Fees (amends 49 Pa. Code Chapters 16 and 18)
Department of Revenue #15-414: Personal Income Tax (amends 61 Pa. Code Chapter 101)
Department of Revenue #15-413: Termination Pay, Severance Pay and Early Retirement Incentive Programs (amends 61 Pa. Code Chapter 101)
Department of Health #10-154: Drug and Alcohol Facilities and Services (amends 28 Pa. Code Chapter 701; deletes portions of Chapters 709, 711 and 713; and adds Chapter 705)
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
December 6, 2001Pennsylvania Securities Commission--National Securities Markets Improvement Act of 1996 Amendments; Regulation No. 50-116
On July 13, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Securities Commission. This rulemaking amends 64 Pa. Code Chapters 202, 203, 301--304, and 606. The proposed regulation was published in the August 4, 2001 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 30, 2001.
This final-form regulation changes or deletes outdated sections and adds new sections to reflect the National Securities Markets Improvement Act of 1996 and Act 109 of 1998. These changes reduce filing requirements and make Pennsylvania regulations relating to securities consistent with state and Federal law.
We have determined this regulation is consistent with the statutory authority of the Pennsylvania Securities Commission (70 P. S. § 1-609(a)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
December 6, 2001State Board of Medicine--Licensure, Certification, Examination and Registration Fees; Regulation No. 16A-4910
On March 27, 2001, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Medicine (Board). This rulemaking amends 49 Pa. Code Chapters 16 and 18. The proposed regulation was published in the April 21, 2001 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 7, 2001.
This rulemaking increases 15 fees, reduces two fees and establishes two new fees for the radiology examination application ($25) and for the registration of an additional supervisor for physician assistants ($5). These amendments result from an internal audit of the operations of the Bureau of Professional and Occupational Affairs. The Board estimates that approximately 12,300 persons will avail themselves of one or more of these services over the next two-year period. Total additional costs to the regulated community during that time span will be approximately $96,100. Only those requesting the enumerated services will be affected.
We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. § 422.6) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
December 6, 2001Department of Revenue--Personal Income Tax; Regulation No. 15-414
On April 26, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 101. The proposed regulation was published in the May 6, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 31, 2001.
The Department is interpreting the scope of ''supplemental unemployment benefits'' which are excluded from compensation under 72 P. S. § 7301(d)(vi). The amendments clarify the tax treatment of programs offered as supplemental benefits to employees terminated from service due to layoff, workforce reduction, plant closings and other involuntary terminations.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. §§ 7301(d)(vi) and 7354) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
December 6, 2001Department of Revenue--Termination Pay, Severance Pay and Early Retirement Incentive Programs; Regulation No. 15-413
On May 3, 2000, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 101. The proposed regulation was published in the May 13, 2000 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on October 31, 2001.
The Department is defining the terms ''limited plan of termination,'' ''qualified annuity'' and ''severance pay.'' The Department is also interpreting 72 P. S. § 7301(d) to mean that insurance benefits paid under the Railroad Retirement Act and payments to a partner guaranteed from that partnership are not considered ''compensation'' as defined in that subsection.
We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. §§ 7301(d) and 7354) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
____ Commissioners Voting: Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner, by phone
Public Meeting held
December 6, 2001Department of Health--Drug and Alcohol Facilities and Services; Regulation No. 10-154
On November 1, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Health (Department). This rulemaking amends 28 Pa. Code Chapter 701; deletes portions of Chapters 709, 711 and 713; and adds Chapter 705. The proposed regulation was published in the November 13, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was originally submitted to the Commission on August 24, 2001. On September 13, 2001, the Commission received a request from the Department to toll consideration of this final-form regulation to make clarifications and corrections to seven provisions. On October 15, 2001, the Department submitted its revisions to the final-form regulation to the Commission. On October 23, 2001, the revised final-form regulation was disapproved by both the House Health and Human Services Committee and the Senate Public Health and Welfare Committee. In response, the Department withdrew the final-form regulation on October 29, 2001. The Department made further revisions and resubmitted the final-form regulation on November 14, 2001.
This regulation replaces existing physical plant requirements for residential and nonresidential drug and alcohol treatment and rehabilitation facilities with requirements that are consistent with current health, safety, and fire and panic code requirements.
We have determined this regulation is consistent with the statutory authority of the Department (71 P. S. §§ 751-25, 751-31, 1690.104(a)(16) and 1690.104(j)) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.
By Order of the Commission:
This regulation is approved.
JOHN R. MCGINLEY, Jr.,
Chairperson[Pa.B. Doc. No. 01-2298. Filed for public inspection December 21, 2001, 9:00 a.m.]
