| 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. |
| 34 |
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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 |