SB314 H JUD AM 2-28

Adopted by House 3-2-07

SB314 H JUD AM 2-28 #1

The Committee on the Judiciary moves to amend the bill on page two, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof the following language:

ARTICLE 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.

§64-4-1. Library Commission.
The legislative rule filed in the State Register on the twenty-third day of May, two thousand six, authorized under the authority of section twenty, article one, chapter ten of this code, modified by the Library Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the sixteenth day of January, two thousand seven, relating to the Library Commission (Library Commission administrative rule, 173 CSR 1) is authorized with the following amendment:
On page 4, by striking the section heading and inserting the following, "º173-1-3 Requirements for Receiving Grants."; and
On page 4, following the section heading for section 173-1-3 by inserting a new subsection designated as 3.1, to read as follows: "3.1 A public library must fulfill all of the requirements set forth in this section to be eligible to receive a grant from the library commission." and renumbering the remaining subsections accordingly;
and,
On page 7, subsection 5.2, by striking the subsection in its entirety and inserting in lieu thereof the following:
5.2 The eligibility requirements contained in section 3 of this rule may be waived if the Commission determines that due to exceptional or uncontrollable circumstances, one or more of the requirements for receiving grants contained in section 3 would impose an undue hardship on a public library. For the purposes of this subsection, exceptional or uncontrollable circumstances may include, but are not limited to, a natural or man-made disaster or a governing authority's lack of financial resources to provide adequate local funding to support a public library's operations.
On page 8, subsection 5.2, by striking the last sentence of the subsection;
and,
On page 8 following subsection 5.4, by inserting a new subsection designated as 5.5 to read as follows: "5.5 The provisions of this rule shall be liberally construed to accomplish its objectives and purposes."
On page 8, subsection 6.2, by striking the word, "may" and inserting the word, "shall" and by striking the word, "only";
and,
On page 13, subsection 9.1, after the word, "library" by inserting the word, "shall".
§64-4-2. Division of Rehabilitation Services.
(a) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article ten-a, chapter eighteen of this code relating to authorizing the Division of Rehabilitation Services (case services, 130 CSR 1) is authorized.
(b) The legislative rule filed in the State Register on the twenty-eighth day of July, two thousand six, authorized under the authority of section three, article ten-a, chapter eighteen of this code relating to the Division of Rehabilitation Services (resources manual, 130 CSR 2) is authorized.