NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[27 Pa.B. 1705] The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, March 20, 1997, and took the following actions:
Regulation Approved:
#1611 Department of Education #6-255: Community College Courses (amends 22 Pa. Code Chapter 335)
#1779 Board of Pardons #56-1: General Provisions (deletes the existing 37 Pa. Code Chapter 81 and replaces it with proposed 37 Pa. Code Chapter 81)
#1796 Department of Community and Economic Development #4-61: Private Activity Bonds--Allocation (amends 13 Pa. Code Chapter 57)
(Editor's Note: For the text of the regulations pertaining to this order, see 27 Pa.B. 1645 (April 5, 1997).)
Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner
Public meeting held
March 20, 1997Department of Education--Community College Courses; Doc. No. 6-255
Order On October 19, 1994, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Education (Department). This rulemaking would amend 22 Pa. Code Chapter 335 under the authority of section 1913-A of the Public School Code of 1949 (act) (24 P. S. § 19-19133-A(b)(1.2)). The proposed regulation was published in the October 29, 1994 Pennsylvania Bulletin with an 86-day public comment period. The final-form regulation was submitted to the Commission on January 27, 1997. At its February 20, 1997 Public Meeting, the Commission voted to disapprove the final-form regulation. On February 26, 1997, the Department notified the Commission of its intent to revise and resubmitted the revised final-form regulation to the Commission.
On June 7, 1993, the act was amended to require the Secretary of Education, in consultation with the community colleges, to promulgate standards for credit and noncredit courses that will be eligible for reimbursement by the Commonwealth. The act further requires that the standards should specifically exclude from eligibility for reimbursement any course or program in avocational or recreational pursuits.
The standards in this regulation will provide assurance that Commonwealth funding of community college operating expenses goes to support instruction which is consistent with the statutory defined mission of these institutions. Community college operating expenses are shared between the Commonwealth, the local sponsor and students (through tuition). The act specifically requires that programs and curricula of community colleges are to further the objectives of industrial development, reduce unemployment and improve the employability skills of area residents. Although community colleges also offer courses related to leisure time pursuits, hobbies and individual enrichment subjects, such courses do not meet program requirements specified under the Act and are therefore specifically excluded from Commonwealth reimbursement.
The regulation proposed by the Department of Education (Department) establishes the criteria credit and noncredit courses must meet in order for the courses to be eligible for reimbursement. Many of the criteria, such as those relating to course approval, course structure and course outlines, were drawn from existing policies or practices at community colleges. Others were developed specifically to make a clear distinction between credit and noncredit courses. The proposed regulation also establishes an implementation schedule and describes the documentation required of the colleges to verify that their courses meet the standards.
Comments were filed on the proposed regulation by the House and Senate Education Committees, Reading Area Community College, Montgomery County Community College, Luzerne County Community College, and Plum Borough Senior Citizens' Center.
The House Education Committee met on February 5, 1997, and voted unanimously to approve the final-form rulemaking. The Senate Education Committee Chairperson, by letter dated February 10, 1997, expressed two concerns with the final-form regulation. First, he recommended that section 335.31 in the final-form regulation be amended to make it clear that the standards would apply to all new courses. Second, he recommended that implementation of these standards be integrated with other requirements of the Department.
The Department made significant amendments to the regulation in response to comments received from the House and Senate Education Committees, this Commission and others. Despite all of these changes, the Department acknowledged at our February 20, 1997 Public Meeting that the concern of the Senate Education Committee Chairperson regarding section 335.31 should be addressed prior to final adoption. Since the Regulatory Review Act does not permit an agency to amend a final-form regulation after it has been submitted to the Commission, the Department requested that we disapprove the regulation so that the Department could incorporate the Senate Education Committee Chairperson's suggested clarification.
We have reviewed the revised final-form regulation and find it to be in the public interest. To respond to the concern raised, the Department has revised section 335.31 so that it will read:
Beginning July 1, 1997, to be eligible for reimbursement by the Commonwealth, each new credit course for Fiscal Year 1997-98 and for each fiscal year thereafter shall meet the standards in Subchapters A and B . . . (emphasis added).This revision will make it clear that the standards will apply to all new courses.
Therefore, It Is Ordered That:
1. Regulation No. 6-255 from the Department of Education, as resubmitted to the Commission on February 26, 1997, is approved;
2. The Commission's bar to final publication of Regulation No. 6-255 issued under section 6(b) of the Regulatory Review Act (71 P. S. § 745.6(b)) is hereby rescinded; and
3. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioner's Present: John R. McGinley, Jr. Chairperson; Robert J. Harbison, III, Vice-Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner
Public meeting held
March 20, 1997Board of Pardons--General Provisions; Doc. No. 56-1
Order On October 8, 1996, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Board of Pardons (Board). This rulemaking would delete the existing 37 Pa. Code Chapter 81 in its entirety and replace it with the proposed 37 Pa. Code Chapter 81. The Board is seeking to revise their regulations to comply with statutory amendments enacted by Act 15 of 1995 and to update their regulations to better reflect the current practice of the Board because their regulations have not been updated since 1986. The authority for this regulation is Pennsylvania Constitution Article IV, Section 9, 71 P. S. §§ 113, 299, and 299a; and 61 P. S. §§ 331.34(a) and 1052(c). The proposed regulation was published in the October 19, 1996 edition of the Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 6, 1997.
The regulation sets forth general provisions (scope and definitions); the Board's powers; application provisions; listings (procedures to determine if a public hearing will be granted, interviewing the applicant, and publication of notice of the hearing); continuances; a calendar of cases to be heard by the Board at each hearing; frequency and location of hearings; procedures for reconsideration; representation; conduct of hearings and communications; and disposition of applications.
The House Judiciary Committee voted to approve the final-form regulation on March 18, 1997.
The Board received public comments on the proposed regulation from the Pennsylvania Coalition Against Domestic Violence; Charles E. Mann; and Mary Achilles, Pennsylvania's Victim Advocate. We have not received any formal comments on the final-form regulation.
The Board receives approximately 300 applications for clemency per year. The Board believes the proposed regulations will benefit those seeking executive clemency and the public by having accurate regulations outlining the operation and rules of the Board. The Board does not believe anyone will be adversely affected by the regulations and the Board does not anticipate a change in their expenditures as a result of these regulations. We agree that the regulation is beneficial because it will more accurately reflect the operation of the Board. The Board deleted provisions which were either obsolete, or were outside the Board's responsibility. The Board is also making changes to improve the effectiveness of their application process.
The Board made several amendments to the regulation and provided further explanations of their amendments. The Board clarified several portions of the regulation including procedures for recommendations for clemency, publication of notice, and communications with the Board. The Board provided support for the modifications to section 81.223 Limitations on filing and explained that if circumstances in a person's life have changed dramatically, an applicant can file under section 81.224 Request for early filing, or request reconsideration under section 81.271 Request. The Board modified language in proposed section 81.232 Interview of the applicant to better describe that the Board may exclude the participation of the applicant's attorney or representative if they do not comply with the Department of Corrections' rules concerning entry into a prison by members of the public. The Board also deleted portions of the regulation which were not used, or were not the Board's responsibility. The Board did not adopt our recommendation to clarify the dimensions and quality of photographs applicants must provide. The Board explained that this requirement, which is in the existing regulations, has not resulted in questions from applicants about what photographs would be accepted nor has the Board found it necessary to reject photographs.
We have reviewed this regulation and find it to be in the public interest. We believe the Board's amendments will improve the effectiveness of their process and clearly communicate the Board's procedures to both the affected public and applicants for clemency.
Therefore, It Is Ordered That:
1. Regulation No. 56-1 from the Board of Pardons, as submitted to the Commission on March 6, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice-Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner
Public meeting held
March 20, 1997Department of Community and Economic Development--Private Activity Bonds--Allocation; Doc. No. 4-61
Order On March 3, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Community and Economic Development (Department). This rulemaking would amend 13 Pa. Code Chapter 57 by increasing the ceiling amount for private activity bonds. The authority for this regulation is contained in section 7(4) of the Tax Exempt Bond Allocation Act (73 P. S. § 397.7(4)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Federal Internal Revenue Code of 1986 (26 U.S.C.A. § 146) imposes a State ceiling on the aggregate amount of private activity bonds that may be issued in each calendar year by or on behalf of the Commonwealth and its political subdivisions. With this rulemaking, the Department is increasing the ceiling for 1997 by $200,000. The State ceiling is calculated each year by multiplying $50 by the State's estimated population figure, which comes from the U. S. Department of Census. Therefore, the change in the ceiling is a result of a change in population for Pennsylvania.
The Department allocates the State ceiling among four groups: qualified small issue bonds, exempt facility bonds, education bonds and housing bonds. The issuance of the bonds helps stimulate economic development and job creation by assisting in the expansion of current businesses, as well as attracting new industries into financially distressed communities.
In the rulemaking, the Department is placing the increased cap amount of $200,000 into the qualified small issue bonds category, raising the ceiling for this category to $152.8 million for 1997. The reason the Department placed the entire increase in this category is because the Tax Exempt Board Allocation Act places emphasis on the use of bonds for manufacturing purposes.
There will be no costs imposed upon the Department or the public since the rulemaking simply conforms to Federal standards. No State funds are used in the issuance of private activity bonds; all issuance costs are paid for out of the bond proceeds from the issuer or the borrower.
By letter dated March 19, Senator Terry Punt, Chairperson of the Senate Community and Economic Development committee, advised the Commission that the committee members had no comments on or objectives to the regulation.
We have reviewed this regulation and find it to be in the public interest. The change is necessary to amend the ceiling for private activity bonds to conform with Federal law.
Therefore, It Is Ordered That:
1. Regulation No. 4-61 from the Department of Community and Economic Development, as submitted to the Commission on March 3, 1997, is approved; and
2. The Commission will transmit a copy of this Order to the Legislative Reference Bureau.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 97-525. Filed for public inspection April 4, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
