[37 Pa.B. 3038]
[Saturday, June 30, 2007]

[Continued from previous Web Page]

Regulation Being Considered	Proposed Date of Promulgation	Need and Legal Basis for Action	Agency Contact
STATE EMPLOYEES' RETIREMENT SYSTEM
4 Pa. Code § 250.2. Time to appeal. (This proposed regulation will supercede that portion of 1 Pa. Code § 35.35 pertaining to the 10-day period of time to appeal from delegated actions of subordinate officers and substitute a 30-day period of time to file an appeal.)	SERS re-submitted it with IRRC's technical addition.	Current hearing regulations are inconsistent with operational practice supporting member-friendly service.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code §§ 250.1 and 250.15. Applicability of general rules. (These current regulations will be modified to permit the application of proposed 4 Pa. Code § 250.2.)	SERS re-submitted it with IRRC's technical addition.	Specific provisions in SERS' regulations should be exceptions to the general rules of administrative practice and procedure.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.11 Priority of taxation, attachments and assignments of funds. (This proposed regulation will clarify the priority of payments to be made from the members' accounts by SERS pursuant to 71 Pa.C.S. § 5953.)	2007	The statute does not set priorities among conflicting demands on members' accounts. A recent court decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of priority issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.7(c). Priority of death benefit payment. (This proposed regulation will clarify the priority of death benefit payments to be made by SERS pursuant to the second sentence of 71 Pa.C.S. § 5905(g).)	2007	The statute does not set priorities among conflicting demands on members' death benefits. A regulation would enable consistent application of the statute and would reduce litigation of priority issues.	Paul Stahlnecker, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	2007	The language is obsolete. No credit union currently meets the statutory requirements and it is unlikely that any new ones will. A corresponding statutory amendment is also being considered.	Brian McDonough (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.6. (a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	2007	The regulation has been rendered obsolete by changes to SERS' enabling legislation.	Brian McDonough (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 247.4. (c) Disability Annuities. (This proposed regulation will clarify: 1) the methodology used to determine the employer-funded offset credit; 2) the service-connected disability supplement and 3) the rights of terminated members to apply for a disability.)	2007	The statute does not expressly determine the methodology, the effects of these formulas and when terminated members can apply. Recent court and administrative decisions have offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of disability and supplement issues. This is also being considered as a statutory amendment.	Brian McDonough (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 245.4. Member contributions for the purchase of credit for previous State service or to become a full coverage member. (The regulation would be amended to specify the effects of a service purchase or reinstatement.)	2007	This regulation would be amended to clarify the effects of the reinstatement or purchase of previous State service. A recent administrative decision has offered partial guidance in this area. A regulation would enable consistent application of the statute and would reduce litigation of purchase of service issues. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 241.1. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.)	2007	The amendment would clarify and settle whether a proper name (''John Doe'') or a general description (''my children,'' ''my issue,'' ''per stirpes'') suffices. A lack of named beneficiaries can cause significant legal and administrative ambiguities that this amendment would avoid. This is also being considered as a statutory amendment.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions.	2007	This new regulation would specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
4 Pa. Code § 243.8. Membership rules for educational employees.	2007	This new regulation would clarify the requirements for membership and final average salary calculations for educational employees.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   Tom Wanich (717) 783-7310
STATE POLICE
Interception, maintenance, and destruction of Mobile Video Recordings 37 Pa. Code Chapter 50	January 2008, as proposed.	Act 53 of 2002 requires the State Police Commissioner, in consultation with the Attorney General, to promulgate these regulations. 18 Pa.C.S. §§ 5704(16), 5749.	Syndi L. Guido Policy Director (717) 772-0905
DNA Detection of Sexual and Violent Offenders 37 Pa. Code Chapter 58	January 2008, as proposed.	Act 185 of 2004 repealed Chapter 47 of Title 42 of the Pennsylvania Consolidated Statutes and amended Title 44 to add Chapter 23, DNA Data and Testing. The act requires the State Police to promulgate rules and regulations to carry out its provisions.	Syndi L. Guido Policy Director (717) 772-0905
Administration of Megan's Law--Neighbor Notification 37 Pa. Code Chapter 55	January 2008, as proposed.	Act 18 of 2000, known as Megan's Law, provides for the registration of sexual offenders and community notification for sexually violent predators. The act requires the Department to promulgate guidelines for the general administration of the act in consultation with the Department of Corrections, the Office of Attorney General, the Pennsylvania Board of Probation and Parole, and the chairmen and minority chairmen of the Senate and House Judiciary Committees. The act also requires the Department to write regulations regarding neighbor notification of sexually violent predators' residence, school, or employer. See 42 Pa.C.S. § 9799.1 Although the requisite guidelines and regulations have been promulgated, the Department is in the process of updating them in light of Act 152 of 2004, which made substantive amendments to Megan's Law.	Syndi L. Guido Policy Director (717) 772-0905
STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date.
TRANSPORTATION
43--Temporary Registration Cards and Plates   67 Pa. Code, Chapter 43	December 2007	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations or fines will be removed from the regulation, as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
175--Vehicle Equipment and Inspection   67 Pa. Code, Chapter 175	December 2007	Many changes to the regulation are needed to bring the regulation into alignment with Vehicle Code changes. Other changes are needed to portions of the regulation to implement desired initiatives. One such initiative is to eliminate refunds to inspection stations for unused registration stickers, resulting in a savings to the Commonwealth.	John Munafo (717) 787-2171
21--Odometer Read Disclosure Statements   67 Pa. Code, Chapter 21	December 2007	Changes are needed to bring the regulation current with the Vehicle Code, to specify the age at which a vehicle becomes exempt from odometer disclosure.	Andy Cleaver (717) 787-2171
23--Delivery of Certificates of Title   67 Pa. Code, Chapter 23	December 2007	The method of title delivery has changed due to the electronic lien and title program (75 Pa.C.S, Section 1151). This Chapter needs to be updated to reflect the ability to transmit titles with liens electronically, rather than by mail.	Andy Cleaver (717) 787-2171
17--Authorization to Verify ID Numbers   67 Pa. Code, Chapter 17	December 2007	Changes are needed to document the Vehicle Identification Number (VIN) verification process. The VIN verification process is not currently documented in either the Vehicle Code or in regulations.	Andy Cleaver (717) 787-2171
51--Transfer, Exchange & Reclassification of Registration   67 Pa. Code, Chapter 51	December 2007	An amendment is needed to remove the dollar amount referenced in the regulation since Section 1927 of the Vehicle Code lists the fee. This action will avoid future changes to the regulation if the law changes the fee.	Phil VanBriggle (717) 787-2171
71--School Bus Drivers   67 Pa. Code, Chapter 71	September 2007	The regulation needs to be revised to allow chiropractors to complete school bus driver physicals. HB1912, Act 76, passed July 15, 2004, requires this change. (Final Promulgation Date expected July 2007.) Additionally, the regulations are being updated to clarify the requirements for diabetic drivers by, in part, making terminology consistent with the American Diabetic Association. (First published September 2007).	Scott Shenk (717) 772-2119
83--Physical & Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code, Chapter 83	December 2007	The regulation is being updated to clarify the requirements for diabetic drivers by, in part, making terminology consistent with the American Diabetic Association. This change will also incorporate the change required by HB1912, Act 76, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits. (First published September 2007.)	Scott Shenk (717) 772-2119
221--Obligations of Insurer and Vehicle Owner   67 Pa. Code, Chapter 221	December 2007	This regulation should be updated to reflect the changes that have been implemented for more use of electronic reporting of insurance cancellation information by insurers.	Phil VanBriggle (717) 787-2171
255--Messenger Services   67 Pa. Code, Chapter 255	December 2007	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supercedes several facets of this regulation. Based on the legislation, any reference to bond, hearings, written warnings, suspensions, revocations, or fines will be removed from the regulation as these items are now addressed in the required contracts.	Andy Cleaver (717) 787-2171
171--School Buses and School Vehicles   67 Pa. Code, Chapter 171	December 2007	The regulation needs to be updated to incorporate continued improvements in technology and engineering related to pupil transportation and to make general references to the Federal standards.	Scott Shenk (717) 772-2119
173--Flashing Lights on Emergency and Authorized Vehicles	July, 2007	This regulation updates rules governing flashing lights on emergency and other responder vehicles to incorporate new technology and lighting configurations.	Lawrence Allen (717) 772-2123
443--Roadside Rest Areas	September 2007	This regulation adds to and clarifies the list of activities prohibited at roadside rest areas to address issues that have arisen in the continuing operation of these facilities.	Jack Cristensen (717) 787-0466

[Pa.B. Doc. No. 07-1166. Filed for public inspection June 29, 2007, 9:00 a.m.]

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