Missouri § 182.812 - Library network defined — appropriations, rules and regulations — library networking fund established — rulemaking, procedure.

§ 182.812. Library network defined — appropriations, rules and regulations — library networking fund established — rulemaking, procedure.

1.  As used in this section, the term "library network" shall mean a formal process of cooperation between libraries and other entities to serve the people of Missouri in an improved fashion through planning and implementing projects and joint activities designed to share and extend combined resources.

2.  The state librarian shall promulgate rules and regulations to administer any moneys appropriated by the general assembly for library networks.  The sum so appropriated for library networks shall be separate and apart from any and all appropriations made to the state library for any other purpose.  The state librarian shall certify the amount of each grant to each approved library network, and warrants shall be issued for the amount so allocated and approved.

3.  A special fund to be known as the "Library Networking Fund" is hereby established within the state treasury.  It shall consist of any gifts, contributions, grants, or bequests received from federal, private or other sources.  Notwithstanding the provisions of section 33.080 to the contrary, moneys in the fund for library networking shall not be transferred to the credit of the general revenue fund at the end of any biennium.  All yield, interest, income, increment or gain received from time deposit of moneys in the state treasury to the credit of the library networking fund shall be credited by the state treasurer to the fund.

4.  No rule or portion of a rule promulgated under the authority of this section shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided in this section, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided in this section.

5.  Upon filing any proposed rule with the secretary of state the state librarian shall concurrently submit such proposed rule to the committee which may hold hearings upon any proposed rule or portion thereof at any time.

6.  A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee.  The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period.  If the committee does not disapprove such order of rulemaking within the thirty-day period, the state librarian may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.

7.  The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:

(1)  An absence of statutory authority for the proposed rule;

(2)  An emergency relating to public health, safety or welfare;

(3)  The proposed rule is in conflict with state law;

(4)  A substantial change in circumstance since enactment of the law upon which the proposed rule is based.

8.  If the committee disapproves any rule or portion thereof, the state librarian shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.

9.  If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives.  No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.

10.  Upon adoption of a rule as provided in this section, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to Section 8, Article IV of the Constitution of Missouri, by concurrent resolution upon recommendation of the joint committee on administrative rules.  The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.

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(L. 1983 H.B. 300 § 1, A.L. 1995 S.B. 14)

---- end of effective  28 Aug 1995 ----

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