xt7w6m335d6q https://exploreuk.uky.edu/dips/xt7w6m335d6q/data/mets.xml Kentucky. Department of Education. Kentucky Kentucky. Department of Education. 1952-05 bulletins English Frankford, Ky. : Dept. of Education This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Educational Bulletin (Frankfort, Ky.) Education -- Kentucky Educational Bulletin (Frankfort, Ky.), "Educational Bills Passed by the 1952 Session of the Legislature of Kentucky", vol. XX, no. 3, May 1952 text
volumes: illustrations 23-28 cm. call numbers 17-ED83 2 and L152 .B35. Educational Bulletin (Frankfort, Ky.), "Educational Bills Passed by the 1952 Session of the Legislature of Kentucky", vol. XX, no. 3, May 1952 1952 1952-05 2022 true xt7w6m335d6q section xt7w6m335d6q 0 Commonwealth of Kentucky 0

‘ EDUCATIONAL BULLETIN

a“:

“

EDUCATIONAL BILLS PASSED BY
THE I952 SESSION OF THE
LEGISLATURE OF KENTUCKY

Published by
DEPARTMENT OF EDUCATION

Wendell P. Butler
Superintendent of Public Instruction

ISSUED MONTHLY

) Entered as second-class matter March 21, 1933, at the post office at
I Frankfort, Kentucky, under the Act of August 24, 1912.

Vol. XX May, I952 No. 3

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TABLE OF CONTENTS

Page
Powers of governing bodies of state institutions of a

higher education ..................................... 163
Creating a Board of Regents for the Kentucky State College. . . 164
In lieu payments by Tennessee Valley Authority ............. 172
Filing regulations by State Administrative Agencies ......... 173
Amend Constitution concerning Officers at Large ........... 177
Change in time voting bonds in first four classes of cities ...... 178
Compensation for school services furnished by

Jefferson County ..................................... 180
Proposal for amending Section 186 of the State Constitution. . . . 181,
Electing board members in merged districts in counties

containing cities of the first class ...................... 181
Empowering corporations to make donations for

educational purposes .................................. 182
Setting a minimum school term and exceptions .............. 183
Requiring monthly payment of Teachers’

Retirement annuities .................................. 184
Age of entrance to the common schools ..................... 184
Procedure in appointing Board of Trustees of the

University of Kentucky ............................... 185
An Act relating to child labor ............................. 18-6
Selection and adoption of textbooks for use in

public schools ........................................ 190
Retired teachers may do thirty days substitute

teaching per year ..................................... 198

Decisions of the Court of Appeals,
Volume 230 S. W. 2d —Volume 245 S. W. 2d ......... 199, 206

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AN ACT relating to the powers of the governing bodies of the
state institutions of higher education, the limitations on salaries
payable, and related matters.

Section 1. Anything in any statutes of the Commonwealth to
the contrary notwithstanding, the power over and control of ap-
pointments, qualifications, salaries and compensation payable out
of the State Treasury or otherwise, promotions and official relations
of all employes of the University of Kentucky, as provided in KRS
164.220, and, subject to any restrictions imposed by general law,
the retirement ages and benefits of such employes, shall be under
the exclusive jurisdiction of the Board of Trustees of the University
of Kentucky, which shall be an independent agency and instru-
mentality of the Commonwealth.

Section 2. Anything in any statute of the Commonwealth to
the contrary notwithstanding, the power over and control of ap-
pointments, qualifications, salaries and compensation payable out
of the State Treasury or otherwise, promotions, and official rela-
tions of all employes of Eastern Kentucky State College, Western
Kentucky State College, Murray State College, and Morehead State
College, as provided in KRS 164.350 and 164.360, and of Kentucky
State College, shall be under the exclusive jurisdiction of the re-
spective governing boards of each of the institutions named.

Section 3. Kentucky Revised Statutes, Sections 156.010 and
64.640, and any other statute, to the extent that they provide that
the University of Kentucky, Eastern Kentucky State College, VVest-
ern Kentucky State College, Murray State College, and Morehead
State College shall be included in the Department of Education and
constitute a division thereof, are hereby repealed.

Section 4. The maximum annual salary payable out of the
State Treasury for the offices and positions of President of the
University of Kentucky, President of Eastern Kentucky State Col-
lege, President of Western Kentucky State College, President of
Murray State College, President of Morehead State College, and
President of Kentucky State College, shall be $9,000, and KRS
64.650 shall be applicable to subordinate positions.

Section 5. None of the provisions of KRS 42.110, 42.120 or
42.130 shall be applicable to the officers and employes of the Uni-
versity of Kentucky, Eastern Kentucky State College, Western

163

Kentucky State College, Murray State College, Morehead State

College, or Kentucky State College. , is
Removing Kentucky State College from Jurisdiction of State 5 0
Board of Education and setting up Board of Regents for its govern- a
ment. sl
Section 1. Section 156.010 of the Kentucky Revised Statutes E

is amended to read as follows:

, o:
. l . - (1) The Department of Education shall consist of the State , a]
l: Board of Education and the Superintendent of Public Instruction, 7 tl‘
, who shall be the head of the Department. ti
(2) The Department of Education shall exercise all the ad- re
ministrative functions of the state in relation to the management :1;
and control of the public common schools, of vocational education
and rehabilitation of \Vest Kentucky Vocational School, and 0f the CC
Kentucky School for the Blind.
(3) The Board of Commissioners of the Kentucky School for 15
the Deaf and the State Textbook Commission are included in the
Department of Education and constitute divisions thereof, but each pr
shall continue to exercise all the functions conferred upon it by law. 1i(
Section 2. Section 156.070 of the Kentucky Revised Statutes pr
is amended to read as follows: ”1
(1) The State Board of Education shall have the management
and control of the common schools, public vocational education and pa
vocational rehabilitation, \Vest Kentucky Vocational School, and Of
the Kentucky School for the Blind. ‘ :1:
n
; (2) The State Board of Education may, on the recommenda- rel
,3 tion and with the advice of the Superintendent of Public Instruction,
£1 prescribe, print, publish and distribute at public expense such rules,
regulations, courses of study, curriculums, bulletins, programs, out- :f
t 1

t lines, reports and placards as it deems necessary for the efficient
. . . . . z 0
management, control and operatlon of the schools under its Jurisdlc— p

tion. All rules and regulations of the board shall be published bc- V15
fore they will be deemed in full force and effect.
t .
i IS
‘ (3) In its capacity as a board of control for the West Ken-
tucky School, the board may receive by any legal mode of convey—
ance, and hold and enjoy, property of any description. ' hit

164

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is amended to read as follows:

The Superintendent of Public Instruction shall be the executive
officer of the State Board of Education in its administration of
all public education placed under its management and control, and
shall perform such duties as are assigned to him by the board. He
shall be responsible for the administration of the Department of
Education. He shall execute, under the direction of the State Board
of Education, the educational policies decided upon by the board,
and shall direct, under general rules and regulations adopted by
the board, the work of all persons engaged in the administration of
the common schools and public vocational education and vocational
rehabilitation. He may clothe his assistants with full power of
attorney to act for him in the supervision, inspection and administra-

tion of the schools over which he has supervisory and administrative
control.

Section 4. Section 156.230 of the Kentucky Revised Statutes
is amended to read as follows:

(1) The Superintendent of Public Instruction shall annually
prepare or cause to be prepared, and submit for approval and pub-
lication by the State Board of Education, a list of all public and
private high schools or other secondary schools in the state, show-
ing the classification of each.

(2) He shall, from time to time, prepare or cause to be pre-
pared, and submit for approval and publication by the State Board
of Education, such bulletins, programs, outlines of courses, placards,
and courses of study as he deems useful in the promotion of the

interest of the public schools, vocational education and vocational
rehabilitation.

(3) He shall also prepare for publication by the State Board
of Education the rules, regulations, minimum standards for schools
and educational policies or programs adopted by the board for the

Operation, regulation and government of the schools under its super-
vision.

Seetion 5. Section 164.010 of the Kentucky Revised Statutes
is amended to read as follows:

There shall be a Council on Public Higher Education in Ken-
tucky, to be composed of the president or chief executive officer

165

Section 3. Section 156.130 of the Kentucky Revised Statutes

of the University of Kentucky, Eastern Kentucky State College,
“Western Kentucky State College, Murray State College, Morehead
State College and Kentucky State College; a member, other than
the Superintendent of Public Instruction, of the board of regents of
each of the state colleges to be selected by the board of regents
of each state college; three appointive members of the board of
trustees of the University of Kentucky to be selected by the board
of trustees of the University; two lay members of the State Board
of Education to be selected by the State Board of Education; the
dean of the College of Education of the University of Kentucky; and
the Superintendent of Public Instruction, who shall be chairman of
the Council. “Then the Council meets to consider curricula for
teacher training, three persons who are from accredited institutions
of higher learning, who are not members of the Council, and who
have been appointed by the Executive Committee of the Associa-
tion of Kentucky Colleges and Universities, shall be invited to meet
with the Council in an advisory capacity.

Section 6.. The introductory phrase and subsection (1) of Sec-
tion 164.020 of the Kentucky Revised Statutes is amended to read as
follows:

The Council 011 Public Higher Education in Kentucky shall:

(1) Coordinate the work and determine the curricular offer-
ings of the state institutions of higher learning in Kentucky, 011
the basis of efficiency and economy.

Section 7. Section 164.030 of the Kentucky Revised Statutes
is amended to read as follows:

The governing board of each of the state institutions of higher
learning shall make such changes or adjustments in the curricula
and such rules and regulations affecting their schools as are neces—
sary to carry out and put into effect the rulings of the Council on
Public Higher Education in regard to curricular offerings, entrance
fees and qualifications for admission to and reports from their re-
spective institutions. I

Section 8. Section 164.290 of the Kentucky Revised Statutes
is amended to read as follows:

(1) The state colleges formerly designated as the state
teachers colleges shall hereafter be known as the Eastern State
College, located at Richmond, Kentucky, \Vestern Kentucky State

166

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College, located at Bowling Green, Kentucky, Murray State College,
located at Murray, Kentucky, and Morehead State College, located
at Morehead, Kentucky, and under such names are recognized as
established and maintained.

(2) Kentucky State College located at Frankfort, Kentucky,
is a land-grant state college and, as such, all the provisions of KRS
Chapter 164, with the exception of the provision of KRS 164.320
concerning the appointment of the initial board of regents, applying
to the other four state colleges shall likewise apply to Kentucky
State College.

Section 9. A new section of the Kentucky Revised Statutes, to
be numbered 164.305, is created to read as follows:

The Kentucky State College shall maintain a department of
agriculture and the mechanic arts, and for that purpose is entitled
to receive and shall receive an equitable portion of the money ap-
propriated to the state by an Act of Congress approved August 30,
1890.

Section 10. Section 164.320 of the Kentucky Revised Statutes
is amended to read as follows:

(1) The board of regents for each of the state colleges shall
consist of the Superintendent of Public Instruction, who shall be
chairman of each board, and four members appointed by the Gover-
nor. The appointive members shall hold office for a term of four
years from April 1 succeeding their appointment and until their
successors are duly appointed and qualified. The appointments
shall be made at the expiration of the terms of the members ap-
pointed pursuant to Chapter 65 of the Acts of 1934, and thereafter
as the terms expire. Not more than two appointive members of
any board shall be residents of one county, and not more than three
members of any board, including the Superintendent of Public In-
struction, Shall belong to the same political party. No member of
any board shall be held to be a public officer by reason of his mem-
bership on the board, nor shall membership on the board be incom-
patible with any public office. Appointments to fill vacancies shall
be made in the same manner as regular appointments. The person
appointed shall hold the position for the unexpired term. Each
appointed member of each board shall, at the first meeting follow-
ing his appointment, take an oath to faithfully discharge his duties.

16‘7

(2) Forthwith upon the taking effect of this Act, the Governor
shall appoint four members of the Board of Regents of Kentucky
State College. One member shall serve until April 1, 1953, one
until April 1, 1954, one until April 1, 1955, and one until April 1,
1956. Thereafter members shall serve for terms of four years and
until their successors are appointed and qualify.

Section 11. Section 164.480 of the Kentucky Revised Statutes
is amended to read as follows:

Every person who was engaged in any branch of the military
or naval service of the United States, prescribed and classiﬁed by
the United States \Var Department as a part of such service, during
the wars that were declared on April 6, 191.7, and any wars declared
thereafter, respectively, and who at the time of his enlistment was
a resident of Kentucky, is entitled to a free scholarship in any state
higher educational institution that he chooses for a period required
for the completion of the course of study selected by him. The
scholarship includes free tuition, matriculation and other fees, room
rent, fuel and lights, and the advantages and privileges of the in-
stitution, but does not include free board. Provided, however, that
if the Federal Government provides for the education of veterans
of any of the wars herein referred to, then this section shall not
apply to such veterans.

Section 12. Section 164.520 of the Kentucky Revised Statutes
is amended to read as follows:

The bond issued by the Commissioners of the Sinking Fund to
themselves as trustees for the Agricultural and Mechanical College
of Kentucky and the State Normal School for Colored Persons of
Kentucky, bearing date July 1, 1897, for the sum of $165,000 and
bearing interest at the rate of six percent, payable semiannually,
remains in force and constitutes a perpetual obligation of the Com-
monwealth, and the interest thereon is a perpetual charge upon the
treasury. The Department of Finance shall, on the first day of
January and on the ﬁrst day of July each year, draw its warrant on
the State Treasurer for the sum of $627.75 in favor of the treasurer
of Kentucky State College, and its warrant on the State Treasurer
for the sum of $4,322.25 in favor of the treasurer of the University
of Kentucky.

Section 13. Section 166.010 of the Kentucky Revised Statutes
is amended to read as follows:

168

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The \Vest Kentucky Vocational School, located at Paducah, is
recognized as established and maintained. It shall be maintained
by the state with such endowments, incomes, buildings and equip-
ment as will enable it to do such work as is done in other institutions
of corresponding rank and kind. The State Board of Education is
vested with all powers and duties, not inconsistent with this chapter,
held by the former board of trustees of the \Vestern Kentucky In-
dustrial College, and with all records and property held by such
board or acquired by the State Board of Education for the benefit
of the institution recognized by this section.

Section 14. Section 166.040 of the Kentucky Revised Statutes
is amended to read as follows:

The purpose of the “Test Kentucky Vocational School is to
make available facilities for vocational training for colored children
to be carried on in accordance with the state plans for vocational
education. 4

Section 15. Section 166.050 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education shall appoint a president for the
West Kentucky Vocational School, and determine his salary and
tenure of office. The term shall not exceed four years. Upon
recommendation of the president, the State Board of Education shall
appoint and determine the salaries, duties and official relations of
all officers, teachers and other employees necessary for the success-
ful operation of the school.

Section 16. Section 166.060 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education may remove the president, and
upon recommendation of the president shall remove any officer,
teacher or other employee, but neither the president nor any other
officer or teacher shall be removed except for incompetency, neglect.
of or refusal to perform his duty, or for immoral conduct. Neither
the president nor any other ofﬁcer or teacher shall be removed until
after ten days’ notice in writing stating the nature of the charges pre-
ferred, and until after an opportunity has been given him to make
defense before the board by counsel or otherwise, and to introduce
testimony which shall be heard and determined by the board.

169

Section 17. Section 166.070 of the Kentucky Revised Statutes
is amended to read as follows:

In the administration of the affairs of the West Kentucky Vo-
cational School the president of the institution is the executive
agent of the State Board of Education, and has general supervision,
subject to the control of the board, of all educational and business
affairs and diSciplinary problems of. the institution.

Section 18. Section 166.080 of the Kentucky Revised Statutes
is amended to read as follows:

The secretary of the State Board of Education shall serve as
secretary of the board and the State Treasurer shall serve as treas-
urer of the board in its administration of the “Test Kentucky Voca-
tional School. The secretary shall prepare and keep all records,
books and papers belonging to the board in its administration of
said school: He shall keep a journal of the proceedings of the board
in which, if requested by any member of the board, the “yeas” and
the “nays” on all questions shall be entered. He shall prepare, under
the direction of the board, all reports and estimates.

Section 19. Section 166.090 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education shall meet at least once each year
at the \Vest Kentucky Vocational School for the purpose of in-
specting the plant and observing the work and the needs of the
school.

Section 20. Section 166.100 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education may purchase, hold and sell real
and personal property in the name of the Commonwealth for the
use and benefit of the West Kentucky Vocational School and may
condemn real estate in the manner provided by KRS 416.010 to
416.080. The board may construct improvements and do all things
it deems necessary in carrying out the purposes for which the school
is maintained. Revenue accruing by reason of the sale or convey-
ance of any real estate or building owned by it shall be reinvested
in other real estate and buildings for use of the school. All appro-
priations, grants, bequests or donations for a speciﬁed use shall be
applied to that use and no other.

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Section 21. Section 166.110 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education shall adopt such rules and regula—
tions as it deems proper for the government of the West Kentucky
Vocational School and for the guidance, of its employees and students.
It may require of the president, teachers or other officers such re-
ports as it deems necessary. All existing rules and regulations made
by the preceding- board of trustees shall remain in force until re-
pealed by order of the State Board of Education.

Section 22. Section 166.120 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education may determine the number of
departments of study, and shall prescribe the curricula for the West
Kentucky Vocational School. The board may issue certificates or
diplomas of graduation to students completing the prescribed
curricula.

Section 23. Section 166.140 of the Kentucky Revised Statutes
is amended to read as follows:

The State Board of Education may invest the faculty or a
committee of the faculty with power to suspend or expel any pupil
for insubordination, immoral conduct, or disobedience of the rules
and regulations of the school. The student suspended or expelled
may appeal from the decision of the faculty, to the State Board of
Education. The decision of the State Board of Education shall be
final.

Section 24. Section 166.150 of the Kentucky Revised Statutes
is amended to read as follows:

Tuition in the West Kentucky Vocational School shall be free
to all colored residents of Kentucky. The State Board of Education
shall fix the rate of tuition and the conditions on which pupils who
are not residents of Kentucky may be admitted. The Board shall
fix such incidental fees as it deems necessary to meet such incidental
expenses as may be incurred.

Section 25. A new section of the Kentucky Revised Statutes
1s created to read as follows:

(1) Lincoln Institute in Shelby County, Kentucky, is hereby
transferred to and shall become a part of Kentucky State College

171

which shall continue to maintain and operate it as a high school
for the benefit of Negro children of the Commonwealth who do not
otherwise have the opportunities to attend an approved high school.
The Board of Regents, acting through the president of Kentucky
State College, shall determine who may attend Lincoln Institute in
accordance with rules and regulations adopted by said Board and
approved by the State Board of Education. In addition, Kentucky
State College shall continue to maintain and operate Lincoln In-
stitute as a model and practice school under the supervision of
thoroughly trained teachers for the purpose of giving observation
and practice work to student teachers.

(2) All appropriations heretofore or hereafter made to Lincoln
Institute shall be transferred to and made available to the Board
of Regents of Kentucky State College for the purpose of maintain-
ing and operating Lincoln Institute.

Section 26. Sections 166.020, 166.030, 166.130 and 166.180 of
the Kentucky Revised Statutes are repealed.

Relating to the distribution of in-lieu payments made by the
Tennessee Valley Authority.

A new section of the Kentucky Revised Statutes is created to
read as follows:

(1) Except for payments made directly by the Tennessee Val—
ley Authority to counties, the total fiscal year payment received
by the Commonwealth of Kentucky from the Tennessee Valley Au—
thority, as authorized by Section 13 of the Tennessee Valley Author-
ity Act as amended, shall be prorated thirty per cent to the General
Fund of the Commonwealth and seventy per cent among counties,
cities, and school districts as provided in subsection (2).

(2) The payment to each county, city, and school district shall
be determined by the proportion that the book value of Tennessee
Valley Authority property in such taxing district, multiplied by
the current tax rate, bears to the total of the book values of Tennes—
see Valley Authority property in all such taxing districts in the
Commonwealth, multiplied by their respective tax rates.

(3) As soon as practicable after the amount of payment to be
made to the Commonwealth of Kentucky is finally determined by
the Tennessee Valley Authority, the Kentucky Department of Rev-

172

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enue shall determine the book value of Tennessee Valley Authority
property in each county, city and school district and shall prorate
the total payments received from the Tennessee Valley Authority,
except payments received directly from the Tennessee Valley Au-
thority, among the distributees as provided in subsection (2). The
Department of Revenue shall certify the payment due each taxing
district to the Department of Finance which shall make the pay—
ment to such district.

(4) As used in subsection (2) and (3) of this section, “Ten-
nessee Valley Authority Property” means land owned by the United
States and in the custody of the Tennessee Valley Authority, to—
gether with such improvements (including work in progress but
excluding temporary construction facilities) as have a fixed situs
thereon if and to the extent that such improvements either: (a) were
in existence when title to the land on which they are situated was
acquired by the United States or (b) are allocated by the Tennessee
Valley Authority or determined by it to be allocable to power; pro—
vided however, that manufacturing machinery as interpreted by
the Department of Revenue for franchise tax determination shall be
excluded. As used in said subsections “book value” means original
cost less accrued depreciation as reflected in Tennessee Valley Au-
thority’s books of account. “Book value” shall be determined, for
purposes of applying said subsections, as of the June 30 used by
the Tennessee Valley Authority in computing the annual payment
to the Commonwealth which is subject to redistribution by the Com-
monwealth.

(‘5) This Act shall be applicable to all payments received after
June 30, .1954 from the Tennessee Valley Authority under Section
13 of the Tennessee Valley Authority Act as amended.

Filing regulations by State Administrative Agencies.

Section 1. As used in this Act, unless the context otherwise
requires: (1) “State agency” includes any officer, department, bu-
l‘t‘au, division, board, authority. agency, commission or institution
Of this state except the judicial and the legislative branches.

(2) “Regulation” includes every rule or regulation made by
any state agency, except a rule, regulation or order which:

1 73

(a) Relates only to the organization or internal management
of the state agency;

(b) Is directed to a specifically named person or to a group
of persons, and does not apply generally throughout the state;

(c) Is duly served by the state agency in the manner author-
ized by law upon the person or persons designated therein as the
party or parties legally affected;

(d) Establishes or fixes rates or tariffs; or

(e) Relates to the use of public works, including streets and
highways, under the jurisdiction of any state agency when the
effect of such rule, regulation or order is indicated to the public
by means of signs or signals.

(3) Nothing in this Act shall prevent any state agency, in its
discretion and subject to the approval of the Statute Revision Com-
mission, from filing, and the Statute Revision Commission from
distributing in accordance with this Act, any rates, tariffs or other
documents not required by this Act to be filed.

(4) Compliance with the provisions of this Act does not dis-
pense with the requirements of any other law necessary to make the
regulation effective.

Section 2. (1) No regulation made by any state agency after
the effective date of this Act shall become effective until thirty days
after an original and two duplicate copies of the regulation are
filed in the office of the Statute Revision Commission, except that
when the state agency finds that an emergency exists, and such
finding is concurred in by the Governor, by written endorsement
upon the original regulation, a regulation may become effective
immediately upon being filed in the office of the Statute Revision
Commission.

(2) Each regulation shall include a citation of the authority
pursuant to which it, or any part of it, was adopted.

(3) The Statute Revision Commission shall cause to be en—
dorsed on the original and duplicate copies of each regulation filed
the time and date of the filing thereof, and shall maintain a file of
such regulations for public inspection, with suitable indexes.

Section 3. (1) The Statute Revision Commission shall pre-

174

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on from
or other

not dis-
nake the

icy after
rty days
tion are
ept that
nd such
>rsement
effective
Revision

uthority

be en—
on filed
a file of
s.

all pre-

scribe rules governing the manner and form in which regulations
shall be prepared, to the end that all regulations shall be prepared
in a uniform manner. The commission may refuse to accept for
filing any regulation that does not conform to the rules.

(2) The Statute Revision Commission shall furnish advice
and assistance to all state agencies in the preparation of their regula-
tions, and in revising, codifying and editing existing or new regu-
lations.

Section 4. (1) Any person who desires to receive copies of
regulations filed with the S