NOTICES
INDEPENDENT REGULATORY REVIEW COMMISSION
Actions Taken by the Commission
[28 Pa.B. 5189] The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, September 24, 1998, and took the following actions:
Regulations Approved:
Department of Revenue #15-405: Net Gains or Income From Disposition of Property (amends 61 Pa. Code Chapter 103)
State Board of Pharmacy #16A-547: Examination Fees (amends 49 Pa. Code §§ 27.21, 27.24 and 27.91)
Insurance Department #11-160: Motor Vehicle Financial Responsibility Law; Catastrophic Loss Benefits Continuation Fund (amends 31 Pa. Code Chapter 67)
Public School Employes' Retirement Board #43-7: General Revisions; Contributions; Credited Service (amends 22 Pa. Code Chapters 201, 211, 213 and 215)
Regulations Deemed Approved under Section 5(g) of the Regulatory Review Act--Effective September 24, 1998.
Department of Revenue #15-380: Return of Information as to Payment in Excess of $10 (amends 61 Pa. Code Chapter 117)
Commissioners Present: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 24, 1998Department of Revenue--Net Gains or Income from the Disposition of Property; Regulation No. 15-405
Order On August 25, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapter 103. The authority for this regulation is contained in section 354 of the Tax Reform Code (72 P. S. § 7354). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Department is amending its regulations concerning the net gains for the disposition of property because of a recent legislative change. The Tax Reform Code was amended in 1998 to repeal the personal income tax levy on the gain from the sale or other disposition of a principal residence.
The final-omitted regulation explains how the recent legislative amendment applies to taxpayers, describes what is a principle residence, explains how the date of disposition will be determined, and establishes the rules pertaining to depreciable property.
We have reviewed this regulation and find it to be in the public interest. The regulation is necessary to explain when the personal income tax will not apply to the gain from the sale of a principal residence.
Therefore, It Is Ordered That:
1. Regulation No. 15-405 from the Department of Revenue, as submitted to the Commission on August 25, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 24, 1998State Board of Pharmacy--Examination Fees; Regulation No. 16A-547
Order On September 1, 1998, the Independent Regulatory Review Commission (Commission) received this regulation from the State Board of Pharmacy (Board). This rulemaking amends 49 Pa. Code §§ 27.21, 27.24 and 27.91. The authority for this regulation is found in sections 3, 6(k) and 8.2 of the Pharmacy Act (63 P. S. §§ 390-3, 390-6(k) and 390-8.2). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.
The Board is amending the fee for the pharmacy jurisprudence examination. Current regulations require an applicant for licensure to pass the North American Pharmacist Licensure Examination (NAPLEX) and the Federal Drug Law Examination (FDLE). Effective November 1, 1998, the Multistate Pharmacy Jurisprudence Examination (MPJE) will replace the FDLE. The existing fee for the FDLE is $75. The fee for the computerized MPJE will be $85.
We have reviewed this regulation and find it to be in the public interest. The $85 fee reflects development costs for the MPJE and the costs of the National Association of Boards of Pharmacy to schedule a candidate to take the examination.
Therefore, It Is Ordered That:
1. Regulation No. 16A-547 from the State Board of Pharmacy, as submitted to the Commission on September 1, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 24, 1998Insurance Department--Motor Vehicle Financial Responsibility Law; Catastrophic Loss Benefits Continuation Fund; Regulation No. 11-160
Order On November 14, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Insurance Department (Department). This rulemaking amends 31 Pa. Code Chapter 67. The authority for this regulation is Sections 506 and 1502 of The Administrative Code of 1929 (71 P. S. §§ 186 and 412). The proposed regulation was published in the November 29, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on August 27, 1998.
This proposal from the Department modifies existing regulations to conform to 1988 and 1989 amendments to the Motor Vehicle Financial Responsibility Law (law). Those statutory changes include: repeal of the Catastrophic Loss Trust Fund (fund) in Act 144 of 1988; the addition of a savings provision to allow claimants to continue to receive fund benefits in Act 144 of 1988; and a change in financing of the fund, replacing a fee levied on registration of vehicles with a surcharge placed on motor vehicle violations in Act 24 of 1989.
We have reviewed this regulation and find it to be in the public interest. The proposal will make the Department's regulations consistent with statutory changes. It also revises provisions for handling of claims and reflects the financing, administration, and appeals process used by the Fund.
Therefore, It Is Ordered That:
1. Regulation No. 11-160 from the Insurance Department, as submitted to the Commission on August 27, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 24, 1998Public School Employes' Retirement Board--General Revisions; Contributions; Credited Service; Regulation No. 43-7
Order On March 18, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Public School Employes' Retirement Board (Board). This rulemaking amends 22 Pa. Code Chapters 201, 211, 213 and 215. The authority for this regulation is the Public School Employes' Retirement Code at 24 Pa.C.S. § 8502(h). The proposed regulation was published in the March 28, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on September 2, 1998.
In response to Executive Order 1996-1, the Board is amending this regulation to delete duplicative provisions contained in the Public School Employes' Retirement Code and to update the regulation so that it is consistent with Federal requirements. The regulation also provides for an expedited hearing and decision when there are no factual disputes. The expedited hearing, which must be agreed to by both sides, would allow the case to go directly to the Board for adjudication.
We have reviewed this regulation and find it to be in the public interest. The Board made many clarifying changes to the rulemaking in response to the comments it received. The clarity of the final-form regulation is significantly improved as a result.
Therefore, It Is Ordered That:
1. Regulation No. 43-7 from the Public School Employes' Retirement Board, as submitted to the Commission on September 2, 1998, 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; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner
Public Meeting held
September 24, 1998Department of Revenue--Return of Information as to Payment in Excess of $10; Regulation No. 15-380
Order On April 23, 1997, the Independent Regulatory Review Commission (Commission) received the proposed version of this regulation from the Department of Revenue (Department). This rulemaking would amend 61 Pa. Code Chapter 117. The authority for this regulation is contained in section 354 of the Tax Reform Code (72 P. S. § 7354). The proposed version of this regulation was published in the May 3, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form version of this regulation was submitted to the Commission on September 3, 1998.
This proposed regulation allows a regulated investment company to meet the Department's information return requirements in two additional ways. First, a regulated investment company that furnishes a Federal form 1099-DIV to its investors may now attach or provide a separate statement that allows the taxpayer (investor) to compute the correct amount of Pennsylvania exempt-interest dividend. Second, a regulated investment company, that is not required to furnish its investors with a Federal form 1099-DIV, may provide a statement that allows the investor to compute the amount of taxable dividend distributions and any adjustment to basis or taxable gain for the taxable year.
The final-form version of this regulation contains no changes from the initially proposed version. We did not file any comments on the proposed version of this regulation. Furthermore, we did not receive any negative recommendations on the final-form version of this regulation from the House Finance Committee or the Senate Finance Committee.
Therefore:
The Commission will notify the Legislative Reference Bureau that Regulation No. 15-380 from the Department of Revenue, as submitted to the Commission on September 3, 1998, was deemed approved under section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)) on September 24, 1998.
JOHN R. MCGINLEY, Jr.,
Chairperson
[Pa.B. Doc. No. 98-1679. Filed for public inspection October 9, 1998, 9:00 a.m.]
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