182.812. Library network defined--appropriations, rules and regulations--library networking fund established--rulemaking, procedure.
Library network defined--appropriations, rules andregulations--library networking fund established--rulemaking,procedure.
182.812. 1. As used in this section, the term "library network" shallmean a formal process of cooperation between libraries and other entities toserve the people of Missouri in an improved fashion through planning andimplementing projects and joint activities designed to share and extendcombined resources.
2. The state librarian shall promulgate rules and regulations toadminister any moneys appropriated by the general assembly for librarynetworks. The sum so appropriated for library networks shall be separate andapart from any and all appropriations made to the state library for any otherpurpose. The state librarian shall certify the amount of each grant to eachapproved library network, and warrants shall be issued for the amount soallocated and approved.
3. A special fund to be known as the "Library Networking Fund" is herebyestablished within the state treasury. It shall consist of any gifts,contributions, grants, or bequests received from federal, private or othersources. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, moneys in the fund for library networking shall not be transferredto the credit of the general revenue fund at the end of any biennium. Allyield, interest, income, increment or gain received from time deposit ofmoneys in the state treasury to the credit of the library networking fundshall be credited by the state treasurer to the fund.
4. No rule or portion of a rule promulgated under the authority of thissection shall become effective until it has been approved by the jointcommittee on administrative rules in accordance with the procedures providedin this section, and the delegation of the legislative authority to enact lawby the adoption of such rules is dependent upon the power of the jointcommittee on administrative rules to review and suspend rules pendingratification by the senate and the house of representatives as provided inthis section.
5. Upon filing any proposed rule with the secretary of state the statelibrarian shall concurrently submit such proposed rule to the committee whichmay 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 ofstate until thirty days after such final order of rulemaking has been receivedby the committee. The committee may hold one or more hearings upon such finalorder of rulemaking during the thirty-day period. If the committee does notdisapprove such order of rulemaking within the thirty-day period, the statelibrarian may file such order of rulemaking with the secretary of state andthe order of rulemaking shall be deemed approved.
7. The committee may, by majority vote of the members, suspend the orderof rulemaking or portion thereof by action taken prior to the filing of thefinal 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 uponwhich the proposed rule is based.
8. If the committee disapproves any rule or portion thereof, the statelibrarian shall not file such disapproved portion of any rule with thesecretary of state and the secretary of state shall not publish in theMissouri Register any final order of rulemaking containing the disapprovedportion.
9. If the committee disapproves any rule or portion thereof, thecommittee shall report its findings to the senate and the house ofrepresentatives. No rule or portion thereof disapproved by the committeeshall take effect so long as the senate and the house of representativesratify the act of the joint committee by resolution adopted in each housewithin thirty legislative days after such rule or portion thereof has beendisapproved by the joint committee.
10. Upon adoption of a rule as provided in this section, any such ruleor portion thereof may be suspended or revoked by the general assembly eitherby bill or, pursuant to section 8, article IV of the Constitution of Missouri,by concurrent resolution upon recommendation of the joint committee onadministrative rules. The committee shall be authorized to hold hearings andmake recommendations pursuant to the provisions of section 536.037, RSMo. Thesecretary of state shall publish in the Missouri Register, as soon aspracticable, notice of the suspension or revocation.
(L. 1983 H.B. 300 § 1, A.L. 1995 S.B. 14)