Amendment
Bill No. 7145
Amendment No. 879735
CHAMBER ACTION
Senate House
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1Representative Adams offered the following:
2
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
7waiver process to allow unescorted access to an individual who
8is found to be unqualified under paragraph (c) and denied
9employment by a seaport. The waiver consideration shall be based
10on the circumstances of any disqualifying act or offense,
11restitution made by the individual, and other factors from which
12it may be determined that the individual does not pose a risk of
13engaging in theft, drug trafficking, or terrorism within the
14public seaports regulated under this chapter or of harming any
15person. The waiver process shall begin when an individual who
16has been denied initial employment within or regular unescorted
17access to restricted areas of a public seaport as described in
18paragraph (c) submits an application for a waiver and notarized
19letter or affidavit from the individual's employer or union
20representative which states the mitigating reasons for
21initiating the waiver process. No later than 90 days after
22receipt of the application, the administrative staff of the
23Parole Commission shall conduct a factual review of the waiver
24application. Findings of fact shall be transmitted to the
25Department of Law Enforcement for review. The department shall
26make a copy of those findings available to the applicant before
27final disposition of the waiver request. The department shall
28make a final disposition of the waiver request based on the
29factual findings of the investigation by the Parole Commission.
30The department shall notify the waiver applicant and the port
31authority that originally denied employment to the applicant of
32the final disposition of the waiver. The review process under
33this 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:
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38requiring the Department of Law Enforcement to establish a
39waiver process to grant certain individuals unescorted
40access to seaports or restricted access areas under
41certain circumstances; providing waiver process
42requirements; requiring the administrative staff of the
43Parole Commission to review the waiver application and
44transmit the findings to the department; requiring the
45department to make a final disposition of the application
46and notify the applicant and the seaport; providing that
47the waiver review process is exempt from the
48Administrative Procedure Act; providing


CODING: Words stricken are deletions; words underlined are additions.