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The department shall not increase the regular maximum grant for any category of public assistance over and above that which was authorized by law or by rules and regulations of the former State Department of Public Welfare in effect on July 1, 1961, if any portion of the increase is payable out of state funds, without legislative approval therefor.  Such legislative approval shall be obtained only in one of the following ways:

(1)  By a vote of a majority of the elected members of each house obtained while the legislature is in session, or

(2)  If the legislature is not in session, by a vote of a majority of the elected members of each house obtained by mail ballot duly certified and promulgated by the commissioner of administration.  In such case the proposal to be submitted to the members of the legislature shall be prepared by the commissioner of administration from information furnished by the department and he shall immediately thereafter distribute the ballots to the members, together with instructions that all ballots must be returned to him within thirty days after the date on which mailed in order to be counted.  The commissioner of administration shall tabulate all ballots received within said thirty day period and promulgate the results thereof, and he shall, immediately upon completion of his tabulation, notify the secretary of the results.  

Added by Acts 1961, No. 10, §1.  Amended by Acts 1978, No. 786, §6, eff. July 17, 1978.