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PA Bulletin, Doc. No. 99-2146

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[29 Pa.B. 6384]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, December 2, 1999, and took the following actions:

Regulations Approved:

   Pennsylvania Liquor Control Board # 54-56: Vendor's Registration and New Year's Eve Meal Package (amends 4055 Pa. Code Chapters 3, 11 and 13).

   Pennsylvania Securities Commission # 50-113: National Securities Market Improvement Act of 1996 Amendments (amends 64 Pa. Code Chapters 202--205, 207, 209, 211, 504, 513, 603, 606 and 609).

   State Real Estate Commission # 16A-567: Disclosure Summary (amends 49 Pa. Code §§ 35.201 and 35.336).

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
December 2, 1999

Liquor Control Board--Vendor Registration and New Year's Eve Meal Package; Regulation No. 54-56

Order

   On November 8, 1999, the Independent Regulatory Review Commission (Commission) received this regulation from the Liquor Control Board (LCB). This rulemaking amends 40 Pa. Code Chapters 3, 11 and 13. The authority for this regulation is section 207(i) of the Liquor Code (47 P. S. § 2-207(i)). Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation eliminates the registration and issuance of identification cards to vendors' agents and permits hotels to offer an open bar with a meal package to their overnight guests on December 31, 1999.

   The LCB estimates that approximately 330 promotional/sales agents licensed in Pennsylvania will benefit from the regulation. Vendors will save an estimated $21,450 in registration fees and additional costs associated with photograph and application requirements. The LCB will realize savings by not processing the applications and issuing identifications. Hotels in the Commonwealth will benefit by being able to compete with hotels in neighboring states.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 54-56 from the Pennsylvania Liquor Control Board, as submitted to the Commission on November 8, 1999, is approved; and

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

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
December 2, 1999

Pennsylvania Securities Commission--National Securities Market Improvement Act of 1996 Amendments; Regulation No. 50-113

Order

   On July 1, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Securities Commission (PSC). This rulemaking amends 64 Pa. Code Chapters 202--205, 207, 209, 211, 504, 513, 603, 606 and 609. The authority for this regulation is section 609(a) of the Pennsylvania Securities Act (70 P. S. § 1-609(a)). The proposed regulation was published in the July 24, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 4, 1999.

   This rulemaking amends various provisions of 12 chapters of the PSC's regulations. The changes are based on the Federal National Securities Markets Improvement Act of 1996 and Pennsylvania Act 109 of 1998. Hence, the rulemaking implements statutory changes and updates existing regulations.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 50-113 from the Pennsylvania Securities Commission, as submitted to the Commission on November 4, 1999, is approved; and

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

Commissioners Voting: John R. McGinley, Jr., Chairperson; Alvin C. Bush, Vice Chairperson; Arthur Coccodrilli; Robert J. Harbison, III; John F. Mizner

Public Meeting held
December 2, 1999

State Real Estate Commission--Disclosure Summary; Regulation No. 16A-567

Order

   On August 9, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Real Estate Commission (SREC). This rulemaking amends 49 Pa. Code §§ 35.201 and 35.336. The authority for this regulation is found in section 608 of the Real Estate Licensing and Registration Act (63 P. S. § 455.608). The proposed regulation was published in the August 21, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on November 3, 1999.

   Act 112 requires SREC to adopt a disclosure notice (notice) by regulation. Licensees must provide the notice to consumers at the initial interview where a substantive discussion about the consumer's real estate needs occurs. The notice must disclose information about the agency relationships between the licensee and the consumer; the broker's duties to the consumer; items which are negotiable; the purpose of the Real Estate Recovery Fund; and the telephone number of SREC.

   This regulation meets the criteria of the Regulatory Review Act.

Therefore, It Is Ordered That:

   1.  Regulation No. 16A-567 from the State Real Estate Commission, as submitted to the Commission on November 3, 1999, 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. 99-2146. Filed for public inspection December 17, 1999, 9:00 a.m.]



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