ARIZONA HOUSE OF REPRESENTATIVES

SB 1092: prisoners; transition program; eligibility.

S/E: rulemaking; exemption; AZPOST

PRIME SPONSOR: Senator Livingston, LD 22

BILL STATUS: Caucus & COW

PS: DPA/SE 6-0-0-1

Summary of the Strike-Everything Amendment to SB 1092

Overview

Exempts the Arizona Peace Officer Standards and Training Board (AZPOST) from the rulemaking requirements for one year to modify the minimum age requirement for a correctional officer.

History

AZPOST rule outlines minimum standards to be admitted into the academy for training as a state correctional officer which include a requirement that an individual be at least 21 years of age by the date of graduation from the academy (A.A.C. R13-4-202).

Each agency is required to establish and maintain a current, public rulemaking docket for each pending rulemaking proceeding. The docket for each rulemaking proceeding must include certain information, including the subject matter of the proposed rule, the citation to all published notices, the current status of the proposed rule and with whom and where a person can communicate regarding a rule (A.R.S. § 41-1021). Additionally, before any rulemaking, amendment or repeal, an agency must file a notice of the proposed action with the Secretary of State (SOS) (A.R.S. § 41-1022).

After publication of the notice of proposed rulemaking, an agency must allow for 30 days of public comment on the proposed rule and hold an oral proceeding if one is requested. The agency must provide 30 days' notice of any hearing in the Arizona Administrative Register (A.R.S. § 41-1023). Within 120 days after the close of the record on the proposed rulemaking, the agency must submit the rule to the Governor's Regulatory Review Council (GRRC). Additionally, an agency is required to submit a rule package to GRRC and the Administrative Rules Oversight Committee containing all required information (A.R.S. § 41-1024). GRRC is required to review and approve or return the rule package within 120 days after receipt (A.R.S. § 41-1052). A rule becomes final 60 days after the date of filing with the SOS (A.R.S. § 41-1032).

Provisions

1. Exempts AZPOST from the rulemaking requirements for one year for the purpose of adopting a rule related to the minimum age for a correctional officer employed by the Arizona Department of Corrections. (Sec. 1)

2. Contains an emergency clause. (Sec. 2)

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6. Fifty-fourth Legislature                       SB 1092

7. First Regular Session                            Version 2: Caucus & COW

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