ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 314
(Senators Minard, Fanning, Prezioso,
Unger and Boley, original sponsors)
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[Passed March 5, 2007; in effect from passage.]
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AN ACT to amend and reenact article 4, chapter 64 of the Code of
West Virginia, 1931, as amended, relating generally to the
promulgation of administrative rules by the Department of
Education and the Arts and the procedures relating thereto;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive and
administrative agencies of the Department of Education and the
Arts; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were
filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative
Rule-making Review Committee;
authorizing the Library
Commission to promulgate a legislative rule relating to the
Library Commission administrative rule;
authorizing the
Division of Rehabilitation Services to promulgate a
legislative rule relating to case services; and authorizing
the Division of Rehabilitation Services to promulgate a
legislative rule relating to resources manual.
Be it enacted by the Legislature of West Virginia:
That article 4, chapter 64 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
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
amendments:
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:
5.1 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.
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