Pennsylvania Bulletin

PA Bulletin, Doc. No. 97-1368

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[27 Pa.B. 4400]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, August 7, 1997, and took the following actions:

Regulations Approved:

   Pennsylvania Liquor Control Board #54-50: Numerous Revisions (amends 40 Pa. Code Chapters 3, 5, 7, 9, 11, 13, and 15).

   Department of Revenue #15-384: General Explanation and Issuance of Certificate (Form REV-1601) (amends 61 Pa. Code §§ 2.1 and 2.3)

   (Editor's Note:  For the text of the regulations pertaining to this order, see 27 Pa.B. 4322 (August 23, 1997).)

   Department of Health #10-151: School Immunizations (amends 28 Pa. Code §§ 23.81--23.87)

   (Editor's Note:  For the text of the regulations pertaining to this order, see 27 Pa.B. 4317 (August 23, 1997).)

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Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 6, 1997

Liquor Control Board--Numerous Revisions; Doc. No. 54-50

Order

   On March 24, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Liquor Control Board (LCB). This rulemaking would amend 40 Pa. Code Chapters 3, 5, 7, 9, 11, 13 and 15. The authority for this regulation is section 207(i) of the Liquor Code (47 P. S. § 2-207(i)). The proposed regulation was published in the April 12, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on July 9, 1997.

   The LCB reviewed its regulations in response to Executive Order 1996-1. As a result, it is proposing amendments to eliminate burdensome, unnecessary and obsolete requirements. The proposed amendments cover a broad range of the LCB's requirements.

   Senator David W. Heckler, Chairperson of the Senate Law and Justice Committee, submitted a letter on the proposed regulation stating the regulations have his approval.

   We have reviewed this regulation and find it to be in the public interest. The LCB's amendments will make their regulations less burdensome. For example, purchasing permits to be issued for a period of 4 years rather than annually. The LCB is also reducing or eliminating requirements which have not served a useful purpose.

Therefore, It Is Ordered That:

   1.  Regulation No. 54-50 from the Liquor Control Board, as submitted to the Commission on July 9, 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
August 7, 1997

Department of Revenue--General Explanation and Issuance of Certificate (Form REV-1601); Doc. No. 15-384

Order

   On July 9, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking would amend 61 Pa. Code §§ 2.1 and 2.3, relating to the employment incentive payment (EIP) credit program. The authority for this regulation is contained in section 491 of the Public Welfare Code (62 P. S. § 491) and section 6 of The Fiscal Code (72 P. S. § 6). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The EIP program provides a tax credit for employers who employ certain public welfare recipients. The program is administered by the Departments of Public Welfare (DPW) and Labor and Industry in the application/verification of entitlement phases. Revenue processes the reviews relating to the granting of the EIP tax credit.

   The most significant changes involve the amendments to § 2.3(b). The time period in which an employer can request the EIP program certificate form (Form REV-1601) from DPW would be extended by 21 days. Currently, employers are required to request Form REV-1601 from DPW in writing no later than the actual date the welfare recipient begins work. This liberalizing change is consistent with recent changes under the Federal Work Opportunities Tax Credit Program. Other amendments to § 2.3(b) clarify postmarking and receipt requirements to establish the 21-day period parameters.

   Smaller employers will be the principal beneficiaries of the extension of the filing period for EIP certificates. The reason is they are often not able to act promptly enough administratively under the current filing requirements of § 2.3(b) to qualify for the EIP tax credit.

   We have reviewed this regulation and find it to be in the public interest. There will be three principal benefits from these amendments. First, more employers of certain public welfare recipients will be able to qualify for tax credits under the EIP program. Second, the Commonwealth should experience lower public welfare costs as a result of a reduction in the numbers of public welfare recipients. Third, certain persons formerly on public assistance will have expanded employment opportunities as a result of more employer participation in the EIP credit program.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-384 from the Department of Revenue, as submitted to the Commission on July 9, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

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Commissioners Present: John R. McGinley, Jr., Chairperson; Robert J. Harbison, III, Vice Chairperson; Alvin C. Bush; Arthur Coccodrilli; John F. Mizner

Public Meeting held
August 7, 1997

Department of Health--School Immunizations; Doc. No. 10-151

Order

   On July 17, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Health (Department). This rulemaking would amend 28 Pa. Code §§ 23.81--23.87 relating to the immunization requirements for children to enter and to attend school in the Commonwealth. The authority for this regulation is the Hepatitis B Prevention Act (act) (35 P. S. §§ 630.1--630.3); sections 16(a)(6) and (7) of the Disease Prevention and Control Law of 1955 (35 P. S. §§ 521.16 and 625); and section 1303 of the Public School Code of 1949 (24 P. S. § 13-1303a). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The regulation requires children entering school for the first time to have the hepatitis B vaccine and an additional dose of the measles, diphtheria and tetanus vaccines. Beginning in the 2000-2001 school year, two doses of the measles vaccine or proof of measles immunity will be required for attendance at school in all grades.

   We have reviewed this regulation and find it to be in the public interest. The regulation reflects the requirements of the act and the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; the American Academy of Pediatrics; and the American Academy of Family Physicians.

Therefore, It Is Ordered That:

   1.  Regulation No. 10-151 from the Department of Health, as submitted to the Commission on July 17, 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. 97-1368. Filed for public inspection August 22, 1997, 9:00 a.m.]

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