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SPONSOR: |
Lopez |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Create Office of Public Facilitation |
SB |
288 |
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ANALYST: |
Geisler |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
See Narrative |
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|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
|
Indeterminate |
Recurring |
New-Public
Facilitation
Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
General
Services Department (GSD)
Regulation
and Licensing Department (RLD)
Office
of Attorney General (AG)
State
Personnel Office (SPO)
SUMMARY
Synopsis
of Bill
SB 288 amends the Governmental Dispute
Resolution Act creating an Office of Public Facilitation (OPF) ,
administratively attached to DFA, with a director appointed by the Governor who
has at least 10 years primary experience with dispute resolution and with state
government. The office would provide
oversight of state agency alternative dispute resolution (ADR) programs and
would have procedure and rule-making authority.
The new office would also have research, fact-finding, training,
assistance and advisory responsibilities to all public agencies (including
local governments) on a broad number of issues, including water, natural
resource management, environmental health, public health and other statewide
issues. The bill requires a dispute resolution
coordinator in agencies with more than 25 positions. The bill also creates the public facilitation
fund but does not make an appropriation to fund the office.
Significant
Issues
Several agencies believe SB 288 and its impact to be assessed. To be effective in state government ADR activities, OPF should be independent of all other state agencies and should reside under the direct supervision of the Governor. Additionally, the responsibilities of OPF should be exclusively limited to ADR process matters and should not include substantive matters of other state government agencies.
SB 288 does not take into account several, highly successful, existing state agency ADR programs that utilize volunteer mediators, facilitators and other at little or no cost to the taxpayers.
SB 288 proposes to create in OPF an institution that would require a very large staff of FTEs to carry out the analytical, advisory and funding acquisition responsibilities set forth therein.
FISCAL IMPLICATIONS
SB 288 creates a new public facilitation fund
but carries no appropriation. There is
no appropriation to support the new office and its staff or ADR coordinators to
be required in agencies. The research and
advice duties could require substantial staff support.
ADMINISTRATIVE IMPLICATIONS
Under the current law, agencies may now use
dispute resolution. Those electing to
use dispute resolution do so with trained agency volunteers who implement the
process. The Risk Management Division
(RMD) of the General Services Department (GSD) provides training and serves as
a clearinghouse for ADR program and resource information. Some of the functions included in SB 288 are
performed by GSD staff who have EEO responsibilities. To comply with the requirements of this bill
would require significantly more staff effort.
GG/njw