[38 Pa.B. 691]
[Saturday, February 2, 2008]
[Continued from previous Web Page]
Regulation Being
ConsideredProposed Date
of PromulgationNeed 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 as Regulation 31-6. Current hearing regulations are inconsistent with operational practice supporting member-friendly service. Paul Stahlnecker, Esq.
(717) 787-7317
Robert Gentzel
(717) 787-9657
David Durbin
(717) 783-72104 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 as Regulation 31-6. 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
David Durbin
(717) 783-72104 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.)SERS' Board authorized going forward and it is in process as Regulation 31-7. 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
David Durbin
(717) 783-72104 Pa. Code § 247.7(a). 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).) SERS' Board authorized going forward and it is in process as Regulation 31-12. 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. Salvatore Darigo, Esq.
(717) 787-7317
Robert Gentzel
(717) 787-9657
David Durbin
(717) 783-72104 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.) 2008 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, Esq.
(717) 787-7317
Robert Gentzel
(717) 787-9657
David Durbin
(717) 783-72104 Pa. Code § 247.6. (a) Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.) SERS' Board authorized going forward and it is in process as Regulation 31-10. The regulation has been rendered obsolete by changes to SERS' enabling legislation. Jill Vecchio, Esq.
(717) 787-7317
Robert Gentzel
(717) 787-9657
David Durbin
(717) 783-72104 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.) 2008 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
David Durbin
(717) 783-72104 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.) 2008 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
David Durbin
(717) 783-72104 Pa. Code §§ 241.1; 247.7. Definitions. (The definition of ''Beneficiary'' would be amended to specify that the beneficiaries must be named rather than merely described.) SERS' Board authorized going forward and they are in process as Regulations 31-8 and 31-11. 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. Jill Vecchio, Esq.
(717) 787-7317
Robert Gentzel
(717) 787-9657
David Durbin
(717) 783-72104 Pa. Code § 241.2. Electronic submission of member documents and electronic benefit transactions. SERS' Board authorized going forward and it is in process as Regulation 31-9. This new regulation would specify procedures for electronic member transactions consistent with Commonwealth practice and policy and include a hold harmless provision. Jill Vecchio, Esq.
(717) 787-7317
Robert Gentzel
(717) 787-9657
David Durbin
(717) 783-72104 Pa. Code § 243.8. Membership rules for educational employees. 2008 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
David Durbin
(717) 783-7210STATE POLICE
DNA Detection of Sexual and Violent Offenders.
37 Pa. Code
Chapter 58
December 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) 772-0905Administration of Megan's Law--
Neighbor Notification
37 Pa. Code
Chapter 55
December 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 subsequent and anticipated amendments Megan's Law. Syndi L. Guido
Policy Director
(717) 772-0905STATE SYSTEM OF HIGHER EDUCATION
No regulations being developed or considered at this date. TRANSPORTATION
43--Temporary Registration Cards and Plates
67 Pa. Code
Chapter 43December 2008 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) 787-2171175--Vehicle Equipment and Inspection
67 Pa. Code
Chapter 175June 2008 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) 787-217121--Odometer Read Disclosure Statements
67 Pa. Code
Chapter 21December 2008 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) 787-217123--Delivery of Certificates of Title
67 Pa. Code
Chapter 23December 2008 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) 787-217117--Authorization to Verify ID Numbers
67 Pa. Code
Chapter 17December 2008 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) 787-217151--Transfer, Exchange and Reclassification of Registration
67 Pa. Code
Chapter 51June 2008 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. Steve Tomassini
(717) 787-217171--School Bus Drivers
67 Pa. Code
Chapter 71April 2008 The regulations are being updated to clarify the requirements for diabetic drivers by in part making terminology consistent with the American Diabetic Association. (Status as of 12/07 to be sent to Governor's Office January 2008.) Scott Shenk
(717) 772-211983--Physical and Mental Criteria--Including Vision Standards Relating to the Licensing of Drivers
67 Pa. Code
Chapter 83January 2008 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 756, passed July 15, 2004, that allows chiropractors to conduct exams for learner's permits. (Status as of 12/07 to be sent to Governor's Office January 2008.) Scott Shenk
(717) 783-5958255--Messenger Services
67 Pa. Code
Chapter 255December 2008 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) 787-2171171--School Buses and School Vehicles
67 Pa. Code
Chapter 171July 2008 Final draft of proposed changes to the regulations to be reviewed with industry stakeholders Summer 2008.
Scott Shenk
(717) 783-5958471--Airport Rating and Licensing;
473--Aviation Development Grants;
477--Local Real Estate Tax Reimbursement Grants;
479--Obstructions to Aircraft
67 Pa. Code
Chapters 471, 473, 477 and 479April 2008 The various chapters of the regulation need to be updated as described below.
The purpose of the amendments to Chapter 471 is to provide clarification of requirements and provide greater flexibility in the licensing of various categories and types of landing facilities. The amendments provide the flexibility to accommodate various levels of airport operations and advances in technology that were not envisioned or available at the time the regulation was originally adopted.
The purpose of the amendments to Chapter 473 is to allow for increased flexibility for the Department in providing a higher state share for granted projects and allow for a more efficient use of the Aviation Development grant funds available.
The purpose of the amendments to Chapters 477 and 479 is to simplify and better organize these Chapters in relation to the Chapters 471 and 473. There were no substantive changes to these chapters.Brian Gearhart
(717) 705-1250
[Pa.B. Doc. No. 08-198. Filed for public inspection February 1, 2008, 9:00 a.m.]
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