SB 563 Modifies requirements for certain state agency statements to be promulgated in accordance with the requirements of the Administrative Procedures Act
Sponsor: Wieland
LR Number: 2046S.05I Fiscal Notes
Committee: Governmental Accountability and Fiscal Oversight
Last Action: 4/1/2015 - Hearing Cancelled S Governmental Accountability and Fiscal Oversight Committee Journal Page:
Title: Calendar Position:
Effective Date: Varies

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Current Bill Summary


SB 563 - Under current law, the state agencies are not required to promulgate rules via the Administrative Procedures Act for statements concerning inmates in institutions under the control of the Department of Corrections or Division of Youth Services, students enrolled in an educational institution, or clients of a health care facility. This act repeals these exemptions, effective August 28, 2016.

Current law also provides that the Department of Corrections and its divisions do not have to go through the standard rulemaking procedures when adopting operating regulations for their internal management. Under this act, those provisions expire on August 28, 2016.

This act requires the Department of Corrections to promulgate rules, in accordance with the requirements of the Administrative Procedures Act to administer executions and to carry out the provisions of any other duties assigned to the department by statute. By August 28, 2016, the department must also promulgate rules regarding inmates in correctional institutions and the internal management of the department and its divisions.

This act specifies that no rule promulgated by the division shall be determined to be arbitrary and capricious because it authorizes the discipline of inmates and that the promulgation of rules concerning inmates in correctional institutions is necessary for the immediate preservation of public health, safety, and welfare.

MEGHAN LUECKE