PROPOSED RULEMAKING
STATE BOARD OF FUNERAL DIRECTORS
[49 PA. CODE CH. 13]
Renewal Fee
[33 Pa.B. 1357] The State Board of Funeral Directors (Board) proposes to amend § 13.12 (relating to fees) by raising the biennial renewal fee to read as set forth in Annex A.
Effective date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin, beginning with renewal for the 2004-2006 biennial renewal period.
Statutory Authority
The proposed amendment is authorized under section 18.1 of the Funeral Director Law (act) (63 P. S. § 479.18.1).
Background and Need for the Amendment
The Board is required by law to support its operations from revenue it generates from fees, fines and civil penalties and to periodically review its expenditures and revenue streams to assure that revenues meet or exceed expenses. The Board was last required to increase its biennial renewal fees in 1992.
At its March 6, 2002, meeting, the Board reviewed the following summary of its revenues and expenses prepared by the Bureau of Professional and Occupational Affairs Revenue Office and the Bureau of Finance and Operations.
Financial Actual Projected Projected Projected Projected Projected Projected Status FY 00-01 FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 FY 06-07 Beginning Balance 579,991 127,741 375,402 (25,656) 274,990 (232,810) 33,836 Revenue 71,750 841,646 49,200 841,646 49,200 841,646 49,200 Prior Year Returned Funds 0 0 74,742 0 0 0 0 Funds Available 651,741 969,387 499,344 815,990 324,190 608,836 83,036 Prior Year Expense 0 87,986 0 0 0 0 0 Expenses 524,000 506,000 525,000 541,000 557,000 575,000 592,000 Remaining Balance 127,741 375,402 (25,656) 274,990 (232,810) 33,836 (508,964)
As the chart indicates, a deficit of almost $26,000 is projected at fiscal year ending June 30, 2003, a deficit of over $230,000 is projected at fiscal year ending June 30, 2005, and a deficit of over $500,000 is projected at fiscal year ending June 30, 2007. The Board must generate revenues of about $1.1 million to meet its anticipated expenditures in fiscal years 2003-04 and 2004-05, in addition to recovering the anticipated deficit of June 30, 2003.
The Board raises virtually all its revenues through fees. The biennial license renewal fee is the most substantial revenue-generating fee of the fees charged by the Board. Section 18.1(a) of the act requires the Board to increase fees by regulation if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a 2-year period.
The Board proposes to begin recovering that deficit during the 2004-06 biennial period. The Board anticipates that the proposed new fees and the increased user fees which have recently been promulgated would enable it to recapture the current deficit, meet its estimated expenditures for the upcoming fiscal years and generate a surplus of approximately $160,000 at the end of fiscal year 2004-05.
Description of the Proposed Rulemaking
Section 13.12 would be amended to increase the biennial renewal fee from $130 to $185.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking would increase the biennial renewal fee for funeral directors and funeral establishments in this Commonwealth, but, otherwise, should have no adverse fiscal impact on the Commonwealth, its political subdivisions or the private sector. The proposed rulemaking will impose no additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 5, 2003, the Board submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. In addition to submitting the proposed rulemaking, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Board within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding the proposed rulemaking to Michelle DeMerice, Administrative Officer, State Board of Funeral Directors, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-4811 (renewal fee), when submitting comments.
JAMES O. PINKERTON, FD,
ChairpersonFiscal Note: 16A-4811. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 13. STATE BOARD OF FUNERAL DIRECTORS
LICENSURE § 13.12. Fees.
Following is the schedule of fees charged by the Board:
* * * * * Biennial renewal
$ [130] 185
[Pa.B. Doc. No. 03-449. Filed for public inspection March 14, 2003, 9:00 a.m.]
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