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PA Bulletin, Doc. No. 06-901

NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Actions Taken by the Commission

[36 Pa.B. 2479]

   The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, May 4, 2006, and announced the following:

Regulations Approved:

   Department of Revenue #15-435: Terminal-Based Lottery Games (adds 61 Pa. Code Chapter 875)

   Department of Revenue #15-426: Sales and Use Tax; Prebuilt Housing (amends 61 Pa. Code §§ 31.30, 31.33, 46.8 and 60.18)

____

Approval Order

Public Meeting held
May 4, 2006

   Commissioners Voting:  Alvin C. Bush, Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.

   Department of Revenue--Terminal-Based Lottery Games; Regulation No. 15-435

   On April 5, 2006, the Independent Regulatory Review Commission (Commission) received this regulation from the Department of Revenue (Department). This rulemaking adds 61 Pa. Code Chapter 875. Notice of proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylvania Bulletin.

   This regulation establishes procedures and standards for initiating ''terminal-based lottery games'' via notices in the Pennsylvania Bulletin. This new chapter gives the Department greater agility to respond to market trends in lottery ticket sales.

   We have determined this regulation is consistent with the statutory authority of the Department (72 P. S. § 3761-303) 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.

____

Approval Order

Public Meeting held
May 4, 2006

   Commissioners Voting:  Alvin C. Bush, Chairperson; Arthur Coccodrilli; John F. Mizner, Esq.

   Department of Revenue--Sales and Use Tax; Prebuilt Housing; Regulation No. 15-426

   On November 4, 2004, the Independent Regulatory Review Commission (Commission) received this proposed regulation from the Department of Revenue. This rulemaking amends 61 Pa. Code §§ 31.30, 31.33, 46.8 and 60.18. The proposed regulation was published in the November 20, 2004 Pennsylvania Bulletin with a 30-day public comment period. The final-form regulation was submitted to the Commission on March 10, 2006. On April 7, 2006, the Department of Revenue simultaneously withdrew and resubmitted the final-form regulation to make a minor amendment.

   This rulemaking implements Act 23 of 2000 which imposed sales and use tax on new prebuilt housing.

   We have determined this regulation is consistent with the statutory authority of the Department of Revenue (72 P. S. § 7270(a)) 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.

ALVIN C. BUSH,   
Chairperson

[Pa.B. Doc. No. 06-901. Filed for public inspection May 19, 2006, 9:00 a.m.]


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