BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 563|
|Office of Senate Floor Analyses | |
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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
CONTINUED
SB 563
Page
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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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