Department of Corrections and Rehabilitation - Operations Manual

Chapter 1 – General Administration

Article 22 – Legislation

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14050.7.1 Proposed Legislation – Format and Content

  • Proposed legislation shall be submitted on a CDC Form 852, Request for Approval of Proposed Legislation. The caption headings in the proposed legislation shall be the following:

    • Title: A one line description of the subject of the proposed bill for purposes of identification.

    • Problem: A concise statement in nontechnical terms of the problem and why legislation is necessary to solve the problem.

    • Proposed Solution: The proposed solution shall be in three sections:

      • Existing Law: Outline in nontechnical language how these items are currently handled under existing law, i.e. what is required to be done under current law. Thoroughly explain current practices and the reason a change is needed. Use examples.

      • Proposed Change: Outline in nonlegal terms how the items would be handled under the proposed change.

      • Justification: State the reason why legislation is needed. Indicate the results or impact if the legislation was not enacted. If alternatives were considered but rejected in favor of the Legislative proposal, give the reason for rejection of the alternative.

    • Fiscal Impact: If the proposal has fiscal implications, estimate the cost breakdown for the first two years. Include local and GFGeneral Fund costs, or special fund costs. Indicate amount and source of revenue if the proposal will result in additional revenues. Identify any change in staffing requirements and explain why the current level of staffing is inadequate to carry out the purpose of the legislation. Consult with fiscal staff for assistance in this area.

    • Legislative History: Identify possible opposition and support for the proposal when known, i.e. agencies, organizations, other individuals.

    • Include prior legislation on the subject, if any. Give year, author and bill number if known. If a previous proposal was submitted on the subject, give year and/or number.

  • Answer Questions

    • The following basic questions shall be answered:

      • What is the need for this legislation?

      • Will the proposed legislation, if enacted, meet this end?

      • What will it cost?

      • Was the cost reviewed during budget discussions?

      • Are the benefits to be derived in line with the costs?

      • Is the proposed legislation consistent with the Department’s objectives?

      • Are alternatives available which better solve the problem?

      • Is the responsibility for meeting this need placed at the proper level of government – city, county, state?

      • Does any conflict exist with any other state department? Have all attempts to resolve the conflict failed?

      • Will the proposal be opposed by anyone? Specify.

      • Please attempt to quantify your proposal. For example, how many persons will it affect? How much time is involved, etc.?

  • Note: Questions regarding proposed legislation format and requests for assistance shall be directed to the Assistant Director, LLOLegislative Liaison (see OOL).