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PA Bulletin, Doc. No. 97-975

RULES AND REGULATIONS

BUREAU OF CHARITABLE ORGANIZATIONS

[49 PA. CODE CHS. 51, 53 AND 55]

Charitable Organizations

[27 Pa.B. 2934]

   The Department of State (Department) deletes Chapters 51, 53 and 55.

   These chapters are being deleted because they were promulgated under the authority and reflect the provisions of the Solicitation of Charitable Funds Act (Act 1963) (10 P. S. §§ 160-1--160-17) which was repealed by the Charitable Organizations Reform Act (Act 1986) (10 P. S. §§ 161.1--161.19). Act 1986 was, in turn, repealed by the current Solicitation of Funds for Charitable Purposes Act (Act 1990) (10 P. S. §§ 162.1--162.24). These chapters are deleted in anticipation of the promulgation of regulations under the Act 1990.

   Public notice of intention to delete the regulations under the procedures in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) (CDL) has been omitted as authorized under section 204(3) of the CDL (45 P. S. § 1204(3)) because the Department finds that these procedures are, under the circumstances, unnecessary. Public comment is unnecessary and under the circumstances impractical because this rulemaking is intended to merely delete outdated regulations which were promulgated under a prior statute which has been repealed. Furthermore, all registrants affected by the deletion have been given actual notice that the regulations at Chapters 51, 53 and 55 have no bearing on filings made under the Act 1990 and are concomitantly advised that filings made under the Act 1990 should not be made utilizing these out of date regulations. Accordingly, no substantive rights of any person will be affected by this order.

Compliance with Executive Order 1996-1

   The Department reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final/proposed omitted regulations address a compelling public interest as described in this preamble and otherwise comply with Executive Order 1996-1.

Statutory Authority

   The Department's Bureau of Charitable Organizations general authority to delete these regulations is set forth in section 506 of The Administrative Code of 1929 (71 P. S. § 186). Authority is also specifically granted the Secretary of the Commonwealth in section 4 of the act (10 P. S. § 162.4(3)) which provides that the Secretary of the Commonwealth has the power to promulgate, adopt and enforce regulations necessary to carry out the act.

Fiscal Impact and Paperwork Requirements

   This rulemaking will have no negative fiscal impact on the Commonwealth or its political subdivisions. The Department's Bureau of Charitable Organizations will no longer need to expend resources in rejecting filings based upon the out of date regulations and explaining to the public that the regulations have no applicability to registrations made under Act 1990. The public will realize a positive fiscal impact from not being confused by trying to comply with out of date regulations.

Regulatory Review

   Under section 5(f) of the Regulatory Review Act (71 P. S. § 745.5(f)), on April 22, 1997, the Department submitted a copy of this rulemaking with proposed rulemaking omitted to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate and House Committees on State Government. On the same date, this rulemaking was submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506).

   Under section 5(c) of the Regulatory Review Act, the rulemaking was deemed approved by the House and Senate Committees on June 11, 1997, and approved by IRRC on May 22, 1997.

Additional Information

   Individuals who desire information regarding this rulemaking are invited to submit inquiries to John T. Henderson, Jr., Deputy Chief Counsel, Department of State, Room 302 North Office Building, Harrisburg, PA 17120 (717) 787-6802.

Findings

   The Department finds that:

   (1)  Public notice of intention to delete the regulations as adopted by this order under the procedure specified in sections 201 and 202 of the CDL has been omitted under the authority contained in section 204(3) of the CDL because the Department has, for good cause, found that the procedure specified in sections 201 and 202 of the CDL is in this circumstance, unnecessary, because the regulations are based upon a repealed statute.

   (2)  Persons affected by the deletion of these regulations as adopted by this order have been given actual notice of the Department's intention to delete the regulations under section 204(2) of the CDL.

   (3)  The deletion of the regulations in the manner provided in this order is necessary and appropriate for the administration of the act.

Order

   The Department, acting under its statutory authority, orders that:

   (a)  The regulations of the Department's Bureau of Charitable Organizations, 49 Pa. Code Chapters 51, 53 and 55, are amended by deleting §§ 51.1, 51.2, 53.1--53.4 and 55.1--55.7 to read as set forth in Annex A.

   (b)  The Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality as required by law.

   (c)  The Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall become effective immediately upon publication in the Pennsylvania Bulletin.

YVETTE KANE,   
Secretary of the Commonwealth

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 2790 (June 7, 1997).)

   Fiscal Note: 16-14. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART II.  DEPARTMENT OF STATE

Subpart B.  [Reserved]

CHAPTER 51.  [Reserved]

§§ 51.1 and 51.2.  [Reserved]

CHAPTER 53.  [Reserved]

§§ 53.1--53.4.  [Reserved]

CHAPTER 55.  [Reserved]

§§ 55.1--55.7.  [Reserved]

[Pa.B. Doc. No. 97-975. Filed for public inspection June 20, 1997, 9:00 a.m.]


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