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S1110aa..............................................by JUDICIARY AND RULES
PARDONS AND PAROLE COMMISSION - Amends existing law to provide that the
governor shall appoint the members of the Commission of Pardons and Parole
and may remove members of the commission; to provide for meetings with the
Board of Correction to be held as needed; to provide for appointment and
the filling of a vacancy of the executive director of the Commission of
Pardons and Parole; to provide for the appointment and filling of vacancies
on the Commission of Pardons and Parole; to provide that rules of the Board
of Correction and Department of Correction shall be made with certain
procedures; to define "rule"; to provide for legislative review; to create
a Department of Correction; to provide that the Board of Correction shall
be the constitutional Board of Correction; and to provide that the Board of
Correction may transfer to the Commission of Pardons and Parole the
authority to fulfill the duties, responsibilities and intent of the
Correction Act.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Jud
02/18 Rpt out - to 14th Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 31-2-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Schroeder, Sorensen, Stegner, Thorne,
Twiggs, Wheeler
NAYS--Stennett, Whitworth
Absent and excused--Parry, Sandy
Floor Sponsor - Darrington
Title apvd - to House
03/03 House intro - 1st rdg - to Jud
03/16 Rpt out - rec d/p - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/18 3rd rdg as amen - PASSED - 62-1-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
Marley, McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Taylor, Tilman,
Tippets, Wheeler, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Hammond, Hornbeck, Mader, Trail, Watson,
Williams, Wood
Floor Sponsor - Field(13)
Title apvd - to Senate
03/19 To enrol - rpt enrol - Pres signed
03/22 Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 311
Effective: 03/24/99 with contingencies
S1110|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1110, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE STATE BOARD OF CORRECTION AND THE COMMISSION OF PARDONS AND 3 PAROLE; AMENDING SECTION 20-210, IDAHO CODE, TO PROVIDE THAT THE GOVERNOR 4 SHALL APPOINT THE MEMBERS OF THE COMMISSION AND MAY REMOVE MEMBERS OF THE 5 COMMISSION, AND TO PROVIDE FOR MEETINGS WITH THE BOARD OF CORRECTION TO 6 BE HELD AS NEEDED; AMENDING SECTION 59-904, IDAHO CODE, TO PROVIDE FOR 7 APPOINTMENT AND THE FILLING OF A VACANCY OF THE EXECUTIVE DIRECTOR OF THE 8 COMMISSION OF PARDONS AND PAROLE AND TO PROVIDE FOR THE APPOINTMENT OF AND 9 THE FILLING OF VACANCIES ON THE COMMISSION; AMENDING SECTION 20-212, IDAHO 10 CODE, TO PROVIDE THAT RULES OF THE BOARD OF CORRECTION AND DEPARTMENT OF 11 CORRECTION SHALL BE MADE IN ACCORDANCE WITH CERTAIN PROCEDURES, TO DEFINE 12 "RULE" AND TO PROVIDE FOR LEGISLATIVE REVIEW; AMENDING CHAPTER 2, TITLE 13 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20-201, IDAHO CODE, TO 14 CREATE A DEPARTMENT OF CORRECTION; AMENDING SECTION 20-201, IDAHO CODE, TO 15 REDESIGNATE THE SECTION, TO PROVIDE THAT THE BOARD OF CORRECTION SHALL BE 16 THE CONSTITUTIONAL BOARD OF CORRECTION AND TO PROVIDE THAT THE BOARD OF 17 CORRECTION MAY TRANSFER TO THE COMMISSION OF PARDONS AND PAROLE ANY AND 18 ALL AUTHORITY AND POWER AS IT DEEMS NECESSARY TO FULFILL THE DUTIES, 19 RESPONSIBILITIES AND INTENT OF THE CORRECTION ACT AND OTHER DUTIES IMPOSED 20 UPON IT BY LAW; DECLARING AN EMERGENCY AND PROVIDING FOR APPLICATION. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That Section 20-210, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 20-210. COMMISSION OF PARDONS AND PAROLE -- APPOINTMENT -- QUALIFICATIONS 25 -- TERMS -- SALARY -- STAFF. Theboardgovernor 26 shall appoint a state commission of pardons and parole, each member of which 27 shall be subject to the advice and consent of the senate, in this chapter 28 referred to as the commission, which shall succeed to and have all rights, 29 powers and authority of said board of pardons as are granted and provided by 30 the provisions of the constitution of the state of Idaho. 31 The commission shall be composed of five (5) members. The members shall 32 serve at the pleasure of theboardgovernor and not 33 more than three (3) members shall be from any one (1) political party. 34 The members of the commission shall be appointed for the purposes of orga- 35 nization as follows:One (1) member is to be appointed for one (1) year,36one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4)37years and one (1) for five (5) years, with each succeeding vacancy to be38filled by the board for terms of five (5) yearsMembers on the 39 commission on the effective date of this act, shall serve out the remainder of 40 their terms; thereafter, as members' terms expire, the governor shall 41 reappoint them or appoint new members to serve terms of three (3) years 42 ; vacancies in the commission for unexpired terms shall be by appoint- 43 ment by theboardgovernor for the remainder of the 2 1 term and all appointees may be reappointed. 2 The commissionshall also act as the advisory commission to the3board on matters of adult probation and parole and may exercise such powers4and duties in this respect as are delegated to it by the board5 and the board may meet as necessary to exchange such information to enable 6 each to effectively carry out their respective duties . 7 The commission shall meet at such times and places as determined to be 8 necessary and convenient, or at the call of the executive director and in any 9 event no less than quarterly. 10 The members shall be compensated as provided by section 59-509(i), Idaho 11 Code, when attending quarterly meetings conducted at a date and time separate 12 from a hearing session or other meetings approved by the executive director. 13 The members shall receive compensation of one hundred fifty dollars ($150) per 14 member per day when conducting parole, commutation, pardon, revocation or 15 other hearings, and shall be reimbursed for actual and necessary expenses sub- 16 ject to the limitations provided in section 67-2008, Idaho Code. 17 Theboardgovernor will liberally allow the rea- 18 sonable payment for services of such technical and professional advice and 19 consultation as the commission may require. Theboardgov- 20 ernor shall appoint the executive director for the commission. The 21 executive director shall be the full-time employee who shall report to, serve 22 at the pleasure of, and be compensated as determined by theboard23 governor . The executive director shall be the official represen- 24 tative for the commission, shall be responsible for the managing and adminis- 25 tration of daily commission business and shall schedule hearing sessions at 26 times convenient to the members of the commission. For each scheduled session, 27 the executive director shall designate one (1) of the members of the commis- 28 sion as the presiding officer for conducting the hearings. The executive 29 director may hire such staff and employees as are approved by theboard30governor . The executive director shall also have such 31 other duties and responsibilities as theboardgovernor 32 shall assign. 33 SECTION 2. That Section 59-904, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All 36 vacancies in any state office, and in the supreme and district courts, unless 37 otherwise provided for by law, shall be filled by appointment by the governor. 38 Appointments to fill vacancies pursuant to this section shall be made as pro- 39 vided in subsections (b), (c), (d), (e), and (f) of this section, subject to 40 the limitations prescribed in those subsections. 41 (b) Nominations and appointments to fill vacancies occurring in the 42 office of lieutenant governor, state controller, state treasurer, superintend- 43 ent of public instruction, attorney general and secretary of state shall be 44 made by the governor, subject to the advice and consent of the senate, for the 45 balance of the term of office to which the predecessor of the person appointed 46 was elected. 47 (c) Nominations and appointments to and vacancies in the following listed 48 offices shall be made or filled by the governor subject to the advice and con- 49 sent of the senate for the terms prescribed by law, or in case such terms are 50 not prescribed by law, then to serve at the pleasure of the governor: 51 Director of the department of administration, 52 Director of the department of finance, 53 Director of the department of insurance, 3 1 Director, department of agriculture, 2 Director of the department of labor, 3 Director of the department of water resources, 4 Director of the department of law enforcement, 5 Director of the department of commerce, 6 Director of the department of juvenile corrections, 7 Executive director of the commission of pardons and parole, 8 The state historic preservation officer, 9 Member of the state tax commission, 10 Members of the board of regents of the university of Idaho and the state 11 board of education, 12 Members of the Idaho water resources board, 13 Members of the state fish and game commission, 14 Members of the Idaho transportation board, 15 Members of the state board of health and welfare, 16 Members of the board of directors of state parks and recreation, 17 Members of the board of correction, 18 Members of the industrial commission, 19 Members of the Idaho public utilities commission, 20 Members of the Idaho personnel commission, 21 Members of the board of directors of the Idaho state retirement system, 22 Members of the board of directors of the state insurance fund , 23 24 Members of the commission of pardons and parole . 25 (d) Appointments made by the state board of land commissioners to the 26 office of director, department of lands, and appointments to fill vacancies 27 occurring in those offices shall be submitted by the president of the state 28 board of land commissioners to the senate for the advice and consent of the 29 senate in accordance with the procedure prescribed in this section. 30 (e) Appointments made pursuant to this section while the senate is in 31 session shall be submitted to the senate forthwith for the advice and consent 32 of that body. The appointment so made and submitted shall not be effective 33 until the approval of the senate has been recorded in the journal of the sen- 34 ate. Appointments made pursuant to this section while the senate is not in 35 session shall be effective until the appointment has been submitted to the 36 senate for the advice and consent of the senate. Should the senate adjourn 37 without granting its consent to such an interim appointment the appointment 38 shall thereupon become void and a vacancy in the office to which the appoint- 39 ment was made shall exist. 40 All appointments made pursuant to subsection (c) of this section, except 41 those appointments for which a term of office is fixed by law, shall terminate 42 at the expiration of any gubernatorial term. Appointments to fill the vacan- 43 cies thus created by the expiration of the term of office of the governor 44 shall be forthwith submitted to the senate for the advice and consent of that 45 body, and when so submitted shall be as expeditiously considered as possible. 46 Upon receipt of an appointment in the senate for the purpose of securing 47 the advice and consent of the senate, the appointment shall be referred by the 48 presiding officer to the appropriate committee of the senate for consideration 49 and report prior to action thereon by the full senate. 50 (f) It is the intent of the legislature that the provisions of this sec- 51 tion as amended by this act shall not apply to appointments which have been 52 made prior to the effective date of this act. It is the further intent of the 53 legislature that the provisions of this section shall apply to the offices 54 listed in this section and to any office created by law or executive order 55 which succeeds to the powers, duties, responsibilities and authorities of any 4 1 of the offices listed in subsections (c) and (d) of this section. 2 SECTION 3. That Section 20-212, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 20-212. RULESAND REGULATIONS-- AUTHORITY OF BOARD. 5 (1) The state board of correction shall make all necessary rules6and regulationsto carry out the provisions of thisact7 chapter not inconsistent with express statutes or the state con- 8 stitution. Theyboard shall fix the time and place 9 of meetings, the order of business, the form of records to be kept, the 10 reports to be made, and all otherregulationsrules 11 necessary to the efficient management and control of the state penitentiary 12 and all properties used in connection therewith. All rules of the board 13 shall be subject to review of the legislature pursuant to sections 67-454, 14 67-5291 and 67-5292, Idaho Code, but no other provisions of chapter 52, title 15 67, Idaho Code, shall apply to the board, except as otherwise specifically 16 provided by statute. When making rules required by this section, the board or 17 the department shall submit the rules to the office of the state administra- 18 tive rules coordinator, in a format suitable to the office of the state admin- 19 istrative rules coordinator as provided in section 67-5202, Idaho Code, and 20 the board or department shall pay all the fees provided in section 67-5205, 21 Idaho Code. The office of the state administrative rules coordinator is autho- 22 rized and shall publish the board or department's rules in the administrative 23 bulletin. Additionally, whenever the board or department desires to amend, 24 modify or repeal any of its rules, it shall follow the procedure provided in 25 this section. All rules, or the amendment or repeal of rules shall be effec- 26 tive thirty (30) days after the date of publication by the office of the 27 administrative rules coordinator. If the board determines that the rules need 28 to be effective at a sooner date, they shall issue a proclamation indicating 29 that the public health, safety and welfare is in jeopardy and, if the governor 30 agrees, the rules shall be effective upon the governor signing the proclama- 31 tion. 32 (2) "Rule" as used in this section means the whole or a part of the 33 board of correction or department of correction's statement of general appli- 34 cability that has been promulgated in compliance with the provisions of this 35 section and that implements, interprets or prescribes: 36 37 (a) Law or policy, or 38 39 (b) The procedure or practice requirements of the board or depart- 40 ment. The term includes the amendment, repeal, or suspension of an exist- 41 ing rule, but does not include: 42 43 (i) Statements concerning only the internal management or 44 internal personnel policies of an agency and not affecting private 45 rights of the public or procedures available to the public; or 46 47 (ii) Declaratory rulings issued pursuant to statute or the 48 board's rules; or 49 50 (iii) Intra-department memoranda; or 51 52 (iv) Any written statements given by the department or board 53 which pertain to an interpretation of a rule or to the documentation 5 1 of compliance with a rule. 2 (3) At the same time that the proclamation of rulemaking is filed 3 with the coordinator, the board or department shall provide the same notice, 4 accompanied by the full text of the rule under consideration in legislative 5 format, as well as a statement of the substance of the intended action, to the 6 director of legislative services. If the rulemaking is based upon a require- 7 ment of federal law or regulation, a copy of that specific federal law or reg- 8 ulation shall accompany the submission to the director of legislative ser- 9 vices. The director of legislative services shall analyze and refer the mate- 10 rial under consideration to the germane joint subcommittee created in section 11 67-454, Idaho Code. 12 13 (4) If the germane joint subcommittee notifies the department or 14 board within fourteen (14) days of the date of publication of the proclamation 15 of rulemaking in the bulletin or within fourteen (14) days prior to the end of 16 the comment period, whichever is later, that the subcommittee intends to hold 17 a hearing on the rulemaking within fourteen (14) days, the agency shall extend 18 the comment period for such additional time as required to receive comments 19 from the subcommittee. The notification from the germane joint subcommittee to 20 the agency shall be sent to the agency. 21 22 (5) The board or department shall prepare and deliver to the ger- 23 mane joint subcommittee a statement of economic impact with respect to a rule 24 if, within fourteen (14) days of the receipt of the rule, the germane joint 25 subcommittee files a written request with the board or department for such a 26 statement. The statement shall contain an evaluation of the costs and benefits 27 of the rule, including any health, safety, or welfare costs and benefits. The 28 adequacy of the contents of the statement of economic impact is not subject to 29 judicial review. 30 SECTION 4. That Chapter 2, Title 20, Idaho Code, be, and the same is 31 hereby amended by the addition thereto of a NEW SECTION , to be 32 known and designated as Section 20-201, Idaho Code, and to read as follows: 33 20-201. DEPARTMENT OF CORRECTION CREATED. There is hereby created the 34 department of correction which shall consist of the board of correction and 35 the commission of pardons and parole. The department of correction shall, for 36 the purposes of section 20, article IV, of the constitution of the state of 37 Idaho, be an executive department of state government. 38 SECTION 5. That Section 20-201, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 20-201 A . BOARD CREATED -- APPOINTMENT -- NONPARTISAN -- 41 TERMS -- VACANCIES -- DELEGATION OF AUTHORITY. (1) There is hereby created a 42 nonpartisan board of three (3) members to be known as the state board of cor- 43 rection, referred to in this chapter as the board, appointed by the governor 44 to exercise the duties imposed by law. The board shall be the constitu- 45 tional board of correction prescribed by section 5, article X, of the consti- 46 tution of the state of Idaho. Not more than two (2) members shall 47 belong to the same political party.The terms of the first members shall48expire as follows: one (1) member on January 1, 1971; one (1) member on Janu-49ary 1, 1973; one (1) member on January 1, 1975. Thereafter aA 50 ny person appointed a member of the board shall hold office for six (6) 51 years. Vacancies in the membership of the board shall be filled in the same 6 1 manner in which the original appointments are made. 2(2) The board shall be the constitutional board of correction pre-3scribed by section 5, article X, of the constitution of the state of Idaho.4(3) The board shall exercise its constitutional and statutory authority5and functions through the instrumentality of a department of correction, which6is hereby created, and which shall, for the purposes of section 20, article7IV, of the constitution of the state of Idaho, be an executive department of8the state government.9 (42 ) The board maydelegate10 transfer to the commissionand the directorof par- 11 dons and parole any and all authority and power as it deems necessary 12 to fulfill the duties, responsibilities and intent of this chapter and the 13 other duties imposed upon it by law. 14 SECTION 6. An emergency existing therefor, which emergency is hereby 15 declared to exist, this act shall be in full force and effect on and after its 16 passage and approval, provided however, that rules and procedures of the Board 17 of Correction and the Department of Correction in effect on the effective 18 date of this act shall remain in force and effect without publication under 19 Section 20-212, Idaho Code, until the adjournment of the Second Regular Ses- 20 sion of the Fifty-fifth Idaho Legislature, at which time any rules or proce- 21 dures that have not been published in the Administrative Bulletin and have not 22 been adopted, have not been submitted to the rules review subcommittees of the 23 legislature and have not been reviewed by the Legislature shall be null, void 24 and of no force and effect. Any rules or amendments to rules adopted after the 25 effective date of this act by the Board of Correction or Department of Correc- 26 tion which qualify under the definition of a rule pursuant to Section 20-212, 27 Idaho Code, shall be promulgated according to the procedures in that section. 28 Additionally, any moneys appropriated in fiscal year 1999 or 2000 to the Board 29 of Correction or Department of Correction and earmarked for the Commission of 30 Pardons and Parole shall remain with the Commission of Pardons and Parole and 31 may be expended by the Commission in a lawful manner. The State Controller 32 shall ensure that the Commission of Pardons and Parole retains the money ear- 33 marked for them.
AS1110|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Darrington Seconded by Ingram IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1110 1 AMENDMENTS TO SECTION 3 2 On page 4 of the printed bill, in line 14, delete " proposed "; 3 delete lines 20 through 24 and insert: " upon the governor signing the 4 proclamation. "; in line 42, delete " notice of proposed " 5 and insert: " the proclamation of "; in line 46, delete " pro- 6 posed "; and in line 53, delete " notice of proposed " and 7 insert: " proclamation of ". 8 On page 5, in line 1, delete " proposed "; delete lines 4 and 5 9 and insert: " joint subcommittee to the agency shall be sent to the 10 agency. "; in line 7, delete " proposed "; and in line 8, 11 delete " proposed ". 12 AMENDMENTS TO THE BILL 13 On page 5, following line 13 insert: 14 "SECTION 4. That Chapter 2, Title 20, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION , to be 16 known and designated as Section 20-201, Idaho Code, and to read as follows: 17 20-201. DEPARTMENT OF CORRECTION CREATED. There is hereby created the 18 department of correction which shall consist of the board of correction and 19 the commission of pardons and parole. The department of correction shall, for 20 the purposes of section 20, article IV, of the constitution of the state of 21 Idaho, be an executive department of state government. 22 SECTION 5. That Section 20-201, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 20-201 A . BOARD CREATED -- APPOINTMENT -- NONPARTISAN -- 25 TERMS -- VACANCIES -- DELEGATION OF AUTHORITY. (1) There is hereby created a 26 nonpartisan board of three (3) members to be known as the state board of cor- 27 rection, referred to in this chapter as the board, appointed by the governor 28 to exercise the duties imposed by law. The board shall be the constitu- 29 tional board of correction prescribed by section 5, article X, of the consti- 30 tution of the state of Idaho. Not more than two (2) members shall 31 belong to the same political party.The terms of the first members shall32expire as follows: one (1) member on January 1, 1971; one (1) member on Janu-33ary 1, 1973; one (1) member on January 1, 1975. Thereafter aA 34 ny person appointed a member of the board shall hold office for six (6) 35 years. Vacancies in the membership of the board shall be filled in the same 36 manner in which the original appointments are made. 37(2) The board shall be the constitutional board of correction pre-38scribed by section 5, article X, of the constitution of the state of Idaho.39(3) The board shall exercise its constitutional and statutory authority2 1and functions through the instrumentality of a department of correction, which2is hereby created, and which shall, for the purposes of section 20, article3IV, of the constitution of the state of Idaho, be an executive department of4the state government.5 (42 ) The board maydelegate6 transfer to the commissionand the directorof par- 7 dons and parole any and all authority and power as it deems necessary 8 to fulfill the duties, responsibilities and intent of this chapter and the 9 other duties imposed upon it by law."; 10 Also on page 5, in line 14, delete "4" and insert: "6". 11 CORRECTION TO TITLE 12 On page 1, in line 12 following "REVIEW;" insert: "AMENDING CHAPTER 2, 13 TITLE 20, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 20-201, IDAHO CODE, TO 14 CREATE A DEPARTMENT OF CORRECTION; AMENDING SECTION 20-201, IDAHO CODE, TO 15 REDESIGNATE THE SECTION, TO PROVIDE THAT THE BOARD OF CORRECTION SHALL BE THE 16 CONSTITUTIONAL BOARD OF CORRECTION AND TO PROVIDE THAT THE BOARD OF CORRECTION 17 MAY TRANSFER TO THE COMMISSION OF PARDONS AND PAROLE ANY AND ALL AUTHORITY AND 18 POWER AS IT DEEMS NECESSARY TO FULFILL THE DUTIES, RESPONSIBILITIES AND INTENT 19 OF THE CORRECTION ACT AND OTHER DUTIES IMPOSED UPON IT BY LAW;".
STATEMENT OF PURPOSE
RS 08855C1
The members of the Commission of Pardons and Parole
currently are appointed by the members of the State Board
of Correction, which also controls the appropriation
requests made by the Commission and reviews personnel
decisions for Commission staff. This bill would allow the
Governor to appoint the Commission of Pardons and Parole
members, as well as the Executive Director of the
Commission, and would give the Legislature an opportunity
to review the appointment of the Executive Director of the
Commission by making that position subject to confirmation
by the Senate.
Also, the Department of Correction is the only executive
branch agency that is not required to follow the
Administrative Procedures Act (APA) when adopting
procedural rules. (The Commission for Pardons and Parole
is covered and follows the APA when adopting rules.) This
bill would give the Department the same protection for
policy development and rule making that other state
departments have by bringing their rule making under
legislative purview. In order to exclude inmate complaints
and other sensitive issues, this bill requires that
procedural rules be brought before the germane committees
of the Legislature for review and approval, like other
state agencies, but exempts them from the other provisions
of Chapter 52.
FISCAL IMPACT
In FY 2000, there would be a one-time fiscal impact to the
Department of Correction for the costs of the initial
publication of the agency's rules in the Administrative
Bulletin as proposed rules, followed by the publication of
notices of adoption of the proposed rules as pending
rules, with any changes noted. Based upon a review of
other recent state agency efforts, it is reasonable to
estimate a maximum cost of $21,000 (205 pages @ $102) for
the first year, and $10,500 (205 pages @ $51) for the
following years. In addition, some redirection of staff
efforts will take place the first two years to accomplish
the rule making. The Dept. of Correction's administrative
functions are primarily funded through the General Fund.
Contact:
Sen. Denton Darrington
Legislative Office: 332-1317
STATEMENT OF PURPOSE/FISCAL IMPACT S1110