 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
prisoners; transition program;
eligibility.
(NOW: rulemaking; exemption; AZPOST)
As passed the Senate, S.B. 1092 established additional conditions with which an inmate must comply in order to be eligible for a 90-day transition program.
The House of Representatives adopted a strike-everything amendment that does the following:
An emergency measure that exempts the Arizona Peace Officer Standards and Training Board (AZPOST) from prescribed rulemaking requirements for one year for the purpose of adopting a rule related to the minimum age required to be employed as a correctional officer.
Background
AZPOST rules outline 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 appeal, 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. § 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).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts AZPOST from rulemaking requirements for the purpose of adopting a rule related to the minimum age requirement for a correctional officer employed at the Department of Corrections for one year.
2. Becomes effective upon signature of the Governor, if the emergency clause is enacted.
Amendments Adopted by the House of Representatives
· Adopted a strike-everything amendment related to a correctional officer minimum age rulemaking exemption.
House Action
PS 3/6/19 DPA/SE 6-0-0-1
3rd Read 4/9/19 46-11-3
Prepared by Senate Research
April 10, 2019
ZD/HB/gs