Amendment ID: S2561-8

Amendment 8

Requiring Clear and Convincing Evidence of Necessity for Exemptions in Model and Local Policy

Messrs. Velis, Cronin and Collins move that the proposed new draft be amended in section 1, by inserting after line 34, the following:-

“(4) Any exception under above subsection (b)(2) shall require clear and convincing evidence of necessity, and such exceptions shall be granted only when no reasonable alternative exists that would achieve the same objective while maintaining compliance with the device prohibition.”;

and further, in section 2, by inserting after line 70, the following:-

“(d) Any exception under above subsection (c) shall require clear and convincing evidence of necessity, and such exceptions shall be granted only when no reasonable alternative exists that would achieve the same objective while maintaining compliance with the device prohibition.”