[40 Pa.B. 771]
[Saturday, February 6, 2010]

[Continued from previous Web Page]

STATE EMPLOYEES' RETIREMENT SYSTEM
4 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).)	The final rulemaking is proceeding consistent with the Commonwealth Documents Law (CDL).	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) 783-7210
4 Pa. Code § 247.6(a). Termination of Annuities. (This proposed regulation would delete the 30-day requirement to elect multiple service.)	The final rulemaking is proceeding consistent with the CDL.	The 30-day requirement in 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) 783-7210
4 Pa. Code § 249.7(h). Rights and Duties of Employes and Members. (The new regulation mandates that a nomination of beneficiary must be in writing and on a form to be supplied by and filed with the Board.)	The final rulemaking is proceeding consistent with the CDL.	A lack of named beneficiaries can cause significant legal and administrative ambiguities. This amendment would avoid that potential for litigation.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 241.1. Definitions. (Gender neutral terms would be substituted and an operational provision that is found elsewhere would be removed from this definitional section.)	The final rulemakings are proceeding consistent with the CDL.	A lack of named beneficiaries can cause significant legal and administrative ambiguities. This amendment would avoid that potential for litigation.	Jill Vecchio, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
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.)	SERS is reviewing the Independent Regulatory Review Commission (IRRC) staff comments and preparing a final rulemaking package for promulgation consistent with the CDL.	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) 783-7210
4 Pa. Code § 249.53. Exemption from execution; assignment of rights. (This proposed regulation amendment would delete State Employes' Credit Union payment language.)	SERS is preparing a final rulemaking package for promulgation consistent with the CDL and the requirements of 4 Pa. Code § 247.11.	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) 783-7210
4 Pa. Code § 247.51. Time for Recomputation of Annuity. (The proposed language would impose a time limit for annuitants to change the optional payment plan authorized by the second to the last sentence of 71 Pa.C.S. § 5907(j).)	2010.	This new regulation would provide guidance on when an annuitant is permitted to change their optional payment plan. There is no time frame in the statute for this election to occur causing administrative difficulties including permitting anti-selection of death benefits, requiring members to make a declaration under discontinued disability benefits and negating an option change absent another qualifying event.	Brian McDonough, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
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.)	2011.	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.	M. Catherine Nolan, Esq. (717) 787-7317   Robert Gentzel (717) 787-9657   David Durbin (717) 783-7210
4 Pa. Code § 243.8. Membership rules for educational employees.	2011.	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) 783-7210
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.)	2011.	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) 783-7210
STATE POLICE
DNA Detection of Sexual and Violent Offenders. 37 Pa. Code Chapter 58	June 2010, 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	June 2010, 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 chairpersons and minority chairpersons 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 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	June 2010.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes 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	February 2010.	Many changes are needed to bring the regulations in line with changes in the Vehicle Code. Other changes are being proposed to add convenience for customers, to update forms and processes, to accommodate changes in vehicle technology and to implement an initiative to update recertification requirements for safety inspectors and electronic recordkeeping of vehicle safety inspection findings. The regulation revisions also propose to eliminate the issuance of refunds for unused inspection stickers, which would be a savings to the Commonwealth.	John Munafo (717) 787-2171
79—Restrictions on Driver's License   67 Pa. Code Chapter 79	October 2010.	The regulations are currently under review for revision.	Scott Shenk (717) 783-5958
21—Odometer Read Disclosure Statements   67 Pa. Code Chapter 21	June 2010.	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	June 2010.	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	June 2010.	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
71—School Bus Drivers   67 Pa. Code Chapter 71	February 2010.	The regulations will be updated and published for the second and final time, which will clarify the requirements for diabetic drivers in part by making terminology consistent with the American Diabetic Association.	Scott Shenk (717) 783-5958
71—School Bus Drivers   67 Pa. Code Chapter 71	May 2010.	The regulations are being updated to clarify the requirements for drivers that have cardiovascular conditions, cognitive conditions and sleep apnea. The new language will ensure that only competent school bus drivers are licensed.	Scott Shenk (717) 783-5958
83—Physical & Mental Criteria— Including Vision Standards Relating to the Licensing of Drivers   67 Pa. Code Chapter 83	February 2010.	The regulation will be updated and published for the second and final time, which will update the requirements for diabetic drivers. 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.	Scott Shenk (717) 783-5958
67 Pa. Code Chapter 83	May 2010.	The regulations are being updated to clarify and add standards for drivers that have cardiovascular conditions, cognitive conditions, loss of consciousness disorders and sleep apnea to ensure that only qualified drivers are licensed to operate a motor vehicle.	Scott Shenk (717) 783-5958
84—Dual Control Learner's Permit   67 Pa. Code Chapter 84	May 2010.	The regulation is being updated to clarify the requirements for issuing a dual control learner's permit.	Scott Shenk (717) 783-5958
105—Mechanical Electrical and Electronic Speed Timing Devices   67 Pa. Code Chapter 105	March 2010.	The regulations are being updated to reflect changes in equipment technology relating to calibration and maintenance of speed timing devices used for law enforcement purposes and to delete references to obsolete equipment and calibration procedures.	John Munafo (717) 787-2171
255—Messenger Services   67 Pa. Code Chapter 255	June 2010.	Act 152 of 2002 enacted legislation (requiring contracts for all messenger and agent services) that supersedes 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	June 2010.	Regulations are being updated to incorporate current technology. Regulations have been reviewed with industry and are ready to begin the promulgation process.	Scott Shenk (717) 783-5958
Chapter 427—Public Transportation (Act 44 of 2008)	July 2009.	Act 44 of 2008, Chapter 15, Sustainable Mobility Options, authorizes almost all public transportation funding programs for the Commonwealth. The legislation requires the Department to develop regulations for several sections of the legislation. The temporary regulations were published in the Pennsylvania Bulletin on July 18, 2009.	LaVerne Collins (717) 787-1214
471—Airport Rating & Licensing; 473—Aviation Development Grants; 477—Local Real Estate Tax Reimbursement Grants; 479—Obstructions to Aircraft   67 Pa. Code Chapters 471, 473, 477 and 479	March 2010.	The various chapters of the regulation need to be updated as described as follows.   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
Chapter 175.96— Vehicle Equipment and Inspection Regulations	February 2010.	The motor vehicle code does not allow for the utilization of laser guided systems which is an innovative technology that could be used to increase quality, efficiency and safety associated with snow plow and line painting operations. We are seeking approval to insert the language ''Laser guided systems for use during plowing operations are authorized'' into the Medium and Heavy Trucks and Buses section of Pub 45, Vehicle Equipment and Inspection Regulations, Chapter 175.96 (h) as it pertains to Department operations.	James Smith (717) 787-4299
Chapter 101— Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic	April 2010.	The proposed regulation change is needed to be consistent with a Federal Highway Administration rule making (23 CFR Part 634: ''Worker Visibility Rule'' - issued November 24, 2008).	Matt Briggs (717) 783-6268
Title 67, Chapter 459 Occupancy of Highways by Utilities	April 2010.	The Department intends to update the permit fees within the chapter. The fee schedule indicated in § 459.4 has not been modified since it was implemented in March of 1989. With the increasing processing and procedural costs these fees do not allow the Department to obtain the permit review costs.	Mike Dzurko (717) 787-3620
Chapter 233 Automated Red Light Enforcement	July 2009.	Section 3116 of the Pennsylvania Vehicle Code provides the legal authority for the establishment of a pilot automated red light enforcement (ARLE) program within the City of Philadelphia. Section 3116(l)(2) says that the revenues remaining from ARLE fines, after deducting the system administrator's operation and maintenance costs, shall be deposited into the Motor License Fund and shall be used by the Department to develop, by regulation, a Transportation Enhancements Grant Program. Therefore, a completely new regulation is needed to establish the provisions of this new Transportation Enhancements Grant Program.	Glenn Rowe (717) 787-3620

[Pa.B. Doc. No. 10-244. Filed for public inspection February 5, 2010, 9:00 a.m.]

 

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