BILL ANALYSIS                                                                                                                                                                                                    



                                                                       


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          |SENATE RULES COMMITTEE            |                   SB 563|
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                                 THIRD READING


          Bill No:  SB 563
          Author:   Morrow (R)
          Amended:  5/1/01
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  5-0, 4/17/01
          AYES:  McPherson, Burton, Margett, Polanco, Sher

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Dept. of Corrections rulemaking procedures:   
          emergency
                      regulations/pilot projects

           SOURCE  :     California Law Revision Commission


           DIGEST  :    This bill makes specified changes recommended by  
          the California Law Revision Commission in the emergency  
          rulemaking authority of the State Department of  
          Corrections.

           ANALYSIS  :    Under existing law, the Director of the State  
          Department of Corrections (DOC) is vested with the  
          supervision, management and control of the state prisons  
          and is responsible for the care, custody, treatment,  
          training, discipline and employment of a person confined in  
          those prisons.  The Director may prescribe rules and  
          regulations for the administration of the prisons.

          Existing law provides that in general, all regulations  
          shall be adopted pursuant the Administrative Procedures Act  
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          (APA), but exempts from that requirement DOC regulations  
          relating to pilot programs or to imminent danger, as  
          specified, and also exempts emergency regulations from  
          certain requirements of the APA.

          Existing law generally provides that state agency  
          rulemaking is subject to the requirements, including  
          notice, hearing, and review by the Office of Administrative  
          Law, of the APA.

          This bill makes changes to the emergency rulemaking  
          authority of DOC, including the following:

          1.Adds a definition of "pilot program."

          2.Specifies that procedures for adopting a pilot program  
            regulation and emergency regulations also apply to the  
            amendment or repeal such regulations.

          3.Extends the period for Office of Administrative law  
            review of an emergency regulation justified by DOC on the  
            basis of its operational needs, rather than on the basis  
            of an emergency.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/15/01)

          California Law Revision Commission (source)
          California Attorneys for Criminal Justice


          RJG:cm  5/15/01   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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