NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[28 Pa.B. 588]

   The Independent Regulatory Review Commission met publicly at 11 a.m., Thursday, January 13, 1998, and took the following actions:

Regulations Approved:

   #1840 State Board of Education #6-260: Special Education Services and Programs (amends 22 Pa. Code Chapter 14)

   #1841 Department of Education #6-259: Special Education Services and Programs (amends 22 Pa. Code Chapter 342)

   #1843 Pennsylvania State Athletic Commission #16-13: HIV Testing Requirements (amends 58 Pa. Code Chapter 21)

   #1906 Department of State #16-16: Nonprofit Corporations (amends 19 Pa. Code Chapter 41)

   #1873 Department of Revenue #15-349: Cigarette Tax (amends 61 Pa. Code Chapters 71, 72, 73 and 76)

Commissioners Present:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 13, 1998

State Board of Education--Special Education Services and Programs; Doc. No. 6-260

Order

   On May 7, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Education (State Board). This rulemaking amends 22 Pa. Code Chapter 14. The authority for this regulation is found at sections 13-1372, 2603-B and 2604-B of the Public School Code (24 P. S. §§ 13-1372, 26-2603-B and 26-2604-B). The proposed regulation was published in the May 17, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 11, 1997.

   The proposal amends provisions which govern operation of special education services and programs for eligible students. It defines Extended School Year (ESY) services and clarifies requirements for students in need of ESY services.

   We have reviewed this regulation and find it to be in the public interest. It is necessary to comply with Federal statute and to make programming changes addressed in Armstrong v. Kline (476 F.Supp. 583 (1979)). Approximately 3,000 students now receive ESY services. A 10% increase is expected, resulting in an approximate total annual increase in costs of $590,000 across the State.

Therefore, It is Ordered That:

   1.  Regulation No. 6-260 from the State Board of Education, as submitted to the Commission on December 11, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 13, 1998

Department of Education--Special Education Services and Programs; Doc. No. 6-259

Order

   On May 7, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Education (Department). This rulemaking amends 22 Pa. Code Chapter 342. The authority for this regulation is found at section 13-1372 of the Public School Code (24 P. S. § 13-1372) and 22 Pa. Code § 14.3. The proposed regulation was published in the May 17, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 11, 1997.

   The proposal amends provisions which govern operation of special education services. It authorizes Extended School Year (ESY) services for eligible students who lose behavioral patterns or skills during interruptions in education, making it unlikely that a student will make reasonable progress.

   We have reviewed this regulation and find it to be in the public interest. It is necessary to comply with Federal statute and to make programming changes addressed in Armstrong v. Kline (476 F.Supp. 583 (1979)). Approximately 3,000 students now receive ESY services. A 10% increase is expected, resulting in an approximate total annual increase in costs of $590,000 across the State.

Therefore, It Is Ordered That:

   1.  Regulation No. 6-259 from the Department of Education, as submitted to the Commission on December 11, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 13, 1998

State Athletic Commission--HIV Testing Requirements; Doc. No. 16-13

Order

   On May 12, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Athletic Commission (SAC). It would amend 58 Pa. Code Chapter 21 relating to licensing requirements for professional boxers and kickboxers (boxers). The authority for this regulation is found in Athletics and Sports (5 P. S. §§ 101--2110). The proposed rulemaking was published in the May 24, 1997 edition of the Pennsylvania Bulletin, with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 26, 1997.

   Amendments to § 21.8 would require license applications and renewal applications to be accompanied by a report indicating that the boxer has tested negative for the Human Immunodeficiency Virus (HIV). The required HIV test must be initiated not less than 60 days prior to the date of the boxer's license application to the SAC. Those who fail to meet application requirements or do not furnish a negative test result will not be licensed.

   The amendments, which are supported by the regulated community, are designed to protect boxers from possible infection with HIV during a bout. There are approximately 245 bouts per year in Pennsylvania, and about 400 professional boxers and 40 kickboxers are licensed annually. Cost impacts are not significant: free tests for HIV are available through the Department of Health and commercial medical laboratories charge generally between $25 and $50 per test. Applicants who test positive (approximately 1.5% of total initial tests) are retested, at a cost of $34 each.

   The House State Government Committee met and voted to approve the final-form regulation on December 10, 1997.

   We have reviewed this regulation and find it to be in the public interest. This rulemaking will help to reduce the possibility of transmitting HIV during boxing bouts. The final-form version incorporates a change the Commission suggested in its Comments on the proposed version, which improves the clarity and consistency of the regulation.

Therefore, It Is Ordered That:

   1.  Regulation No. 16-13 from the State Athletic Commission, as submitted to the Commission on November 26, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 13, 1998

Department of State--Nonprofit Corporations; Doc. No. 16-16

Order

   On November 26, 1997, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of State (Department). This rulemaking amends 19 Pa. Code Chapter 41. The authority for this regulation is found under section 506 of The Administrative Code of 1929 (71 P. S. § 186) and section 133 of the Nonprofit Corporation Law of 1988 (15 Pa.C.S. § 133). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   The Department seeks to amend Chapter 41 (relating to nonprofit corporations) to repeal subsection 41.4(d) (relating to stated purposes). This subsection states that ''A nonprofit corporation may not conduct professional services. Only a professional corporation may render professional services.'' This subsection is being repealed because it does not accurately reflect Pennsylvania law (15 Pa.C.S. § 530(a)) which allows nonprofit corporations to render professional services.

   We have reviewed this regulation and find it to be in the public interest. The repeal of subsection 41.4(d) brings Chapter 41 into conformity with Pennsylvania statutes.

Therefore, It Is Ordered That:

   1.  Regulation No. 16-16 from the Department of State, as submitted to the Commission on November 26, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

Commissioners Present:  Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
January 13, 1998

Department of Revenue--Cigarette Tax; Doc. No. 15-349

Order

   On July 23, 1997, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code Chapters 71, 72, 73 and 76. The authority for this regulation is The Cigarette Sales and Licensing Act (Act 46) (P. L. 250, No. 46). The proposed regulation was published in the August 2, 1997 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on December 1, 1997.

   The Department is amending their regulations to make them more consistent with Act 46. Act 46 provides for the licensing of cigarette dealers, stamping agents, wholesalers and retailers; created a Cigarette Licensing, Marketing and Control Board; established licensing fees; established authority for the Department to require reporting; and established various sales provisions. The Department is also deleting unnecessary provisions.

   The Department states that there are approximately 20,000 existing licensed cigarette stamping agents, wholesalers and retailers who will be required to comply with various provisions of the regulations. The Department projects that minimal accounting costs will be incurred by those affected by the regulation to prepare monthly reports to the Department.

   Representative Karl Boyes, Majority Chairperson of the House Finance Committee, submitted a letter dated December 9, 1997, voicing his approval of the final-form regulation as submitted. A similar letter recommending approval was submitted by Senator John N. Wozniak, Democratic Chairperson of the Senate Finance Committee.

   We have reviewed this regulation and find it to be in the public interest. The issues raised by the Commission all related to the criteria of clarity. The Department adopted the majority of our recommendations and responded satisfactorily to the rest. The amendments will make the Department's regulations more consistent with Act 46.

Therefore, It Is Ordered That:

   1.  Regulation No. 15-349 from the Department of Revenue, as submitted to the Commission on December 1, 1997, is approved; and

   2.  The Commission will transmit a copy of this Order to the Legislative Reference Bureau.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 98-189. Filed for public inspection January 30, 1998, 9:00 a.m.]

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