NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[30 Pa.B. 3534]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, June 22, 2000, and took the following actions:

Regulations Approved:

   Department of Revenue #15-402:  Payments for Employe Welfare Benefit Plans and Cafeteria Plans (amends 61 Pa. Code §§ 101.1, 101.6, 101.6(a), 101.7 and 125.21--125.33)

   Department of Revenue #15-408:  Sales and Use Tax; Vending Machines (amends 61 Pa. Code § 31.28)

   Department of Revenue #15-407:  Sales and Use Tax; Lawn Care Services (amends 61 Pa. Code §§ 55.6 and 60.2)

   State Board of Dentistry #16A-464:  Continuing Dental Education and Biennial Renewals (amends 49 Pa. Code Chapter 33)

   State Board of Nursing #16A-5110:  Sexual Misconduct (amends 49 Pa. Code Chapter 21)

   Pennsylvania Higher Education Assistance Agency #58-23:  State Grant Program; Early Childhood Education Professional Loan Forgiveness Program (amends 22 Pa. Code Chapter 121)

   Department of Education #6-262:  Nurse Aide Applicant Criminal History Record Information (adds Chapter 701 to 22 Pa. Code)

   Pennsylvania Emergency Management Agency #30-51: Public Safety Emergency Telephone Program (amends 4 Pa. Code Chapter 120b)

   Pennsylvania Emergency Management Agency #30-52: Training and Certification Standards for 9-1-1 Emergency Communications Personnel (amends 4 Pa. Code Chapter 120c)

   Pennsylvania Emergency Management Agency #30-53: 9-1-1 Performance Review and Quality Assurance Standards (amends 4 Pa. Code Chapter 120d)

Regulations Disapproved:

   Pennsylvania State Police #17-60:  Uniform Firearms Act; Licensed Retail Dealers; Firearm Record Forms (amends 37 Pa. Code Chapters 31 and 33)

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

Public Meeting held
June 22, 2000

Department of Revenue--Payments for Employe Welfare Benefit Plans and Cafeteria Plans; Regulation No. 15-402

   On April 15, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue. This rulemaking amends 61 Pa. Code §§ 101.1, 101.6, 101.6a, 101.7 and 125.21--125.33. The proposed regulation was published in the April 25, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 19, 2000.

   The regulation addresses how employe welfare benefit programs, such as self-insured medical reimbursement accounts and cafeteria plans, will be taxed. The regulation also addresses how compensation in the form of employer-provided services or property will be taxed.

   We have determined this regulation is consistent with the statutory authority of the Department of Revenue (72 P. S. § 7354) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Department of Revenue--Sales and Use Tax; Vending Machines; Regulation No. 15-408

   On June 30, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue. This rulemaking amends 61 Pa. Code § 31.28. The proposed regulation was published in the July 17, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 25, 2000.

   This rulemaking is required by the act of April 23, 1998 (P. L. 239, No. 45) (act). The act amended the requirements for collecting sales tax from vending machines. The final regulation defines ''juice beverage,'' ''meal,'' ''operator,'' ''selected food and beverage items,'' ''soft drink'' and ''vending machine.'' The rulemaking also describes: registration and operating requirements for operators who sell taxable tangible personal property through vending machines; requirements for operator information to be displayed on vending machines; the scope of taxation for vending machine sales; and taxation requirements for vending machines on church or school premises.

   We have determined this regulation is consistent with the statutory authority of the Department of Revenue (72 P. S. §  7270) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Department of Revenue--Sales and Use Tax; Lawn Care Services; Regulation No. 15-407

   On June 30, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue (Department). This rulemaking amends 61 Pa. Code §§ 55.6 and 60.2. The proposed regulation was published in the July 17, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 25, 2000.

   The Department is adding regulations to interpret the act of August 4, 1991 (P. L. 97, No. 22) which made ''lawn care service'' a taxable service. The Department is also deleting its Statement of Policy on lawn care services.

   We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 7270) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

State Board of Dentistry--Continuing Dental Education and Biennial Renewals; Regulation No. 16A-464

   On July 1, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Dentistry (Board). This rulemaking amends 49 Pa. Code Chapter 33. The proposed regulation was published in the July 11, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 23, 2000.

   The Board is amending its regulations to implement Act 113 of 1996. The regulation requires cardiopulmonary resuscitation certification and continuing education credits for biennial renewal of licenses or certificates. Continuing education requirements were added to restore expired licenses.

   We have determined this regulation is consistent with the statutory authority of the Board (63 P. S. §§ 122(j), 122(j.1), 122(j.2), 122(o) and 122.1) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

State Board of Nursing--Sexual Misconduct; Regulation No. 16A-5110

   On May 28, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the State Board of Nursing. This rulemaking amends 49 Pa. Code Chapter 21. The proposed regulation was published in the June 13, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 23, 2000.

   This regulation establishes standards for determining when Registered Nurses and Licensed Practical Nurses have engaged in sexual misconduct.

   We have determined this regulation is consistent with the statutory authority of the State Board of Nursing (63 P. S. §§ 212.1(k) and 667.6) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Pennsylvania Higher Education Assistance Agency--State Grant Program; Early Childhood Professional Loan Forgiveness Program; Regulation No. 58-23

   On March 16, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Higher Education Assistance Agency (Agency). This rulemaking amends 22 Pa. Code Chapter 121. 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 April 27, 2000. On May 10, 2000, the Commission received a request from the Agency to toll consideration of this final-form regulation to make technical corrections. On June 5, 2000, the Agency submitted its revisions to the final-form regulation to the Commission.

   The Agency is updating and adding requirements for participation in the State Grant Program and the Early Childhood Education Professional Loan Forgiveness Program. It also adds a section for wage garnishment procedures for Federal loans.

   We have determined this regulation is consistent with the statutory authority of the Agency (24 P. S. §§ 5104, 5151, 5181--5189, 5191--5197, and 5198.1--5198.7) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Department of Education--Nurse Aide Applicant Criminal History Record Information; Regulation No. 6-262

   On July 7, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Education. This rulemaking adds Chapter 701 to 22 Pa. Code. The proposed regulation was published in the July 18, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 23, 2000.

   This regulation implements the Nurse Aide Resident Abuse Prevention Training Act (63 P. S. §§ 671--680). It establishes the procedures and rules for applicants to use in filing their Criminal History Record Information reports before enrolling in State-approved nurse aide training programs.

   We have determined this regulation is consistent with the statutory authority of the Department of Education (63 P. S. § 676) and the intention of the General Assembly. Having considered all the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Pennsylvania Emergency Management Agency--Public Safety Emergency Telephone Program; Regulation No. 30-51

   On March 19, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency. This rulemaking amends 4 Pa. Code Chapter 120b. The proposed regulation was published in the April 3, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 24, 2000.

   This final rulemaking is one of three rulemakings designed to implement Act 17 of 1998 (Act 17) which amended the Public Safety Emergency Telephone Act. One facet of Act 17 was the authorization to develop and maintain master street address guides by ''911'' centers. Act 17 also expanded the costs that a county may be reimbursed for operating its ''911'' center. This regulation includes the new reimbursable costs for the expenditure of county ''911'' funds, and provides the accuracy standards for the master street address guides.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Emergency Management Agency (35 P. S. §§ 7011--7021) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Pennsylvania Emergency Management Agency--Training and Certification Standards for 911 Emergency Communications Personnel; Regulation No. 30-52

   On March 19, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency. This rulemaking amends 4 Pa. Code Chapter 120c. The proposed regulation was published in the April 3, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 24, 2000.

   This regulation implements a portion of Act 17 of 1998 (Act 17) which amended the Public Safety Emergency Telephone Act. This rulemaking establishes minimum standards for the certification and training of emergency dispatchers, call takers and supervisors, as required by Act 17.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Emergency Management Agency (35 P. S. §§ 7011--7021) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Pennsylvania Emergency Management Agency--9-1-1 Performance Review and Quality Assurance Standards; Regulation No. 30-53

   On March 19, 1999, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania Emergency Management Agency. This rulemaking amends 4 Pa. Code Chapter 120d. The proposed regulation was published in the April 3, 1999 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on May 24, 2000.

   This regulation implements a portion of Act 17 of 1998 (Act 17) which amended the Public Safety Emergency Telephone Act. The rulemaking establishes the standards and procedures for how quality assurance reviews will be conducted for ''911'' emergency communications centers.

   We have determined this regulation is consistent with the statutory authority of the Pennsylvania Emergency Management Agency (35 P. S. §§ 7011--7021) and the intention of the General Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this regulation is in the public interest.

By Order of the Commission:

   This regulation is approved.

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

Public Meeting held
June 22, 2000

Pennsylvania State Police--Uniform Firearms Act; Licensed Retail Dealers; Firearm Record Forms; Regulation No. 17-60

   On April 15, 1998, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Pennsylvania State Police (State Police). This rulemaking amends 37 Pa. Code Chapters 31 and 33. The proposed regulation was published in the May 2, 1998 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on June 1, 2000.

   This regulation implements the Pennsylvania Uniform Firearms Act of 1995 (act) including firearms storage requirements for dealers, the Pennsylvania Instant Check System, confidentiality requirements, license revocation procedures and forms to carry out these requirements.

   The State Police made amendments in response to many of our comments, or explained why amendments were not made. However, there continue to be four areas where the final regulation does not meet our criteria.

   First, the use of the term ''firearm'' in sections 33.114 and 33.115 of this regulation creates a clarity problem (71 P. S. § 745.5a(i)(3)(ii)). The act contains two distinct definitions of this term in sections 6102 and in 6111.2. To remove any potential confusion, the term ''firearm'' in sections 33.114 and 33.115 should be replaced with the term ''firearm as defined in section 6102 of the act.''

   Second, section 31.104 lacks clarity (71 P. S. § 745.5a(i)(3)(ii)). We commented that the phrases ''entrance cannot easily be gained'' and ''constructed to require an excessive amount of force to gain illegal entry'' in section 31.104 (formerly section 31.105) are vague. Although the Preamble states the regulation was amended in response to our comments, this section is unaltered from the proposed version, except for the deletion of the term ''steel mesh.'' Therefore, further clarification is needed.

   Third, the recordkeeping requirements in sections 33.112 and 33.113 still raise questions as to the economic impact of and need for these requirements (71 P. S. § 745.5a(i)(1)(iii) and (3)(iii)). We questioned the need to retain record forms required in sections 33.112 and 33.113 for 20 years. In response, the State Police deleted the 20-year record retention requirement. However, subsection (c) in both of these sections still requires the transfer of records when a licensed business is discontinued. Subsection (c) in sections 33.112 and 33.113 is no longer necessary and should be deleted.

   Finally, subsections 33.120(a) and (b) are also inconsistent with the statutory requirements and lack clarity (71 P. S. § 745.5a(i)(3)(i) and (ii)). These subsections require examining physicians to report ''when they determine a lack of severe mental disability following the initial examination under section 302(b) of the Mental Health Procedures Act . . . .'' The Pennsylvania Psychiatric Society commented that subsections 33.120(a) and (b) are inconsistent with section 6105(c)(4) of the act as amended by Act 70 of 1998. It is our understanding that the State Police agree that reporting a lack of mental disability is not necessary. The State Police should delete this reporting requirement in subsections 33.120(a) and (b).

   We have determined this regulation is consistent with the statutory authority of the State Police (18 Pa.C.S. §§ 6101 to 6126) and the intention of the General Assembly. However, after considering all of the other criteria of the Regulatory Review Act discussed above, we find promulgation of this regulation is not in the public interest.

By Order of the Commission:

   This regulation is disapproved.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 00-1187. Filed for public inspection July 7, 2000, 9:00 a.m.]

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