DAR File No. 27125

Community and Economic Development, Community Development, Library

R223-2-2

Definitions

NOTICE OF PROPOSED RULE

DAR File No.: 27125
Filed: 04/28/2004, 02:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This proposed amendment brings the definitions used in the existing rule (R223-3) into conformity with the definitions used in the amended Sections 9-7-215 and 9-7-216 (H.B. 341). (DAR NOTE: H.B. 341 is found at UT L 2004 Ch 193, and was effective May 3, 2004.)

Summary of the rule or change:

The changes are: in Section R223-2-2, adds "and 9-7-215:"; and deletes all of Subsection R223-2-2(2).

State statutory or constitutional authorization for this rule:

Sections 9-7-213, 9-7-215, and 9-7-216

Anticipated cost or savings to:

the state budget:

There are neither costs nor savings associated with these proposed amendments to the rule, which are technical in nature. The reporting and administrative procedures established in the original rule remain unchanged and in force.

local governments:

There are neither costs nor savings associated with these proposed amendments to the rule, which are technical in nature. The reporting and administrative procedures established in the original rule remain unchanged and in force.

other persons:

There are neither costs nor savings associated with these proposed amendments to the rule, which are technical in nature. The reporting and administrative procedures established in the original rule remain unchanged and in force.

Compliance costs for affected persons:

There are neither costs nor savings associated with these proposed amendments to the rule, which are technical in nature. The reporting and administrative procedures established in the original rule remain unchanged and in force.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments to Section R223-2-2, which relates exclusively to public libraries in Utah, will have no fiscal impact on Utah businesses. -- David Harmer, Executive Director, DCED

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Barbara Forbush at the above address, by phone at 801-715-6769, by FAX at 801-715-6767, or by Internet E-mail at bforbush@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2004

This rule may become effective on:

06/15/2004

Authorized by:

Donna J. Morris, Director

RULE TEXT

R223. Community and Economic Development, Community Development, State Library.

R223-2. Public Library Online Access for Eligibility to Receive Public Funds.

R223-2-2. Definitions.

In addition to the terms defined in Section 9-7-101, and 9-7-215:

(1) "Minor" means any individual younger than 18 years of age.[

(2) "Obscene" means materials meeting the standard established by the U.S. Supreme Court in Miller v. California, 413 U.S. 15 (1973) whereby an affirmative answer is required to each of the three following questions:

(a) whether "the average person applying contemporary community standards" would find that the work, taken as a whole, appeals to the prurient interest;

(b) whether the work depicts or describes, in a patently offensive way, sexual content specifically defined by the applicable state law; and

(c ) whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.]

KEY: libraries, public library, Internet access*

[September 7, 2001]2004

9-7-213

9-7-215

9-7-216

20 U.S.C. Sec. 9101

ADDITIONAL INFORMATION

PLEASE NOTE:

• Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Some browsers may not depict some or any of these attributes on the screen or when the document is printed.
• Please see the DISCLAIMER regarding information available from state web pages.

For questions regarding the content or application of this rule, please contact Barbara Forbush at the above address, by phone at 801-715-6769, by FAX at 801-715-6767, or by Internet E-mail at bforbush@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.