1 | Representative Adams offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove lines 255 through 282 and insert: |
5 | (3) |
6 | (e) The Department of Law Enforcement shall establish a |
7 | waiver process to allow unescorted access to an individual who |
8 | is found to be unqualified under paragraph (c) and denied |
9 | employment by a seaport. The waiver consideration shall be based |
10 | on the circumstances of any disqualifying act or offense, |
11 | restitution made by the individual, and other factors from which |
12 | it may be determined that the individual does not pose a risk of |
13 | engaging in theft, drug trafficking, or terrorism within the |
14 | public seaports regulated under this chapter or of harming any |
15 | person. The waiver process shall begin when an individual who |
16 | has been denied initial employment within or regular unescorted |
17 | access to restricted areas of a public seaport as described in |
18 | paragraph (c) submits an application for a waiver and notarized |
19 | letter or affidavit from the individual's employer or union |
20 | representative which states the mitigating reasons for |
21 | initiating the waiver process. No later than 90 days after |
22 | receipt of the application, the administrative staff of the |
23 | Parole Commission shall conduct a factual review of the waiver |
24 | application. Findings of fact shall be transmitted to the |
25 | Department of Law Enforcement for review. The department shall |
26 | make a copy of those findings available to the applicant before |
27 | final disposition of the waiver request. The department shall |
28 | make a final disposition of the waiver request based on the |
29 | factual findings of the investigation by the Parole Commission. |
30 | The department shall notify the waiver applicant and the port |
31 | authority that originally denied employment to the applicant of |
32 | the final disposition of the waiver. The review process under |
33 | this paragraph is exempt from chapter 120. |
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35 | ======= T I T L E A M E N D M E N T ======= |
36 | Remove lines 29 through 37 and insert: |
37 |
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38 | requiring the Department of Law Enforcement to establish a |
39 | waiver process to grant certain individuals unescorted |
40 | access to seaports or restricted access areas under |
41 | certain circumstances; providing waiver process |
42 | requirements; requiring the administrative staff of the |
43 | Parole Commission to review the waiver application and |
44 | transmit the findings to the department; requiring the |
45 | department to make a final disposition of the application |
46 | and notify the applicant and the seaport; providing that |
47 | the waiver review process is exempt from the |
48 | Administrative Procedure Act; providing |