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| SPONSOR: | Garcia, MP | DATE TYPED: | 02/09/99 | HB | 289 | ||
| SHORT TITLE: | Alcohol and Gaming Division Director | SB | |||||
| ANALYST: | Valenzuela | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| NFI | $ 88.0 | Recurring | General Fund | ||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SUMMARY
Synopsis of Bill
House Bill 289 would create, formally, the Alcohol and Gaming Division (AGD) of the Regulation and Licensing Department (RLD) and designate the division director as a classified state employee. The bill also changes the definition of "director" in the Liquor Control Act from the superintendent of the RLD to the director of the AGD, thus clarifying the role of the director.
Significant Issues
Division directors are normally exempt state employees, who serve at the pleasure of the Superintendent of the Regulation and Licensing Department. There are and have been division directors within state government who have been classified, not exempt, employees.
FISCAL IMPLICATIONS
House Bill 289 does not contain an appropriation. The RLD eliminated its exempt Division Director position at or around March 31, 1998. The bill would add one new FTE to the division, costing approximately $88.0 in general fund.
ADMINISTRATIVE IMPLICATIONS
If any, enactment of House Bill 289 would require only minor administrative changes.
TECHNICAL ISSUES
House Bill 289 may conflict with Section 9-1-4 of the Executive Reorganization Act, which states that division directors generally serve at the pleasure of the cabinet secretary.
OTHER SUBSTANTIVE ISSUES
The RLD eliminated its exempt Division Director position. House Bill 289 would create a division director position statutorily, thus, adding one new position to the division. Currently, the department has one "exempt" position (the chief legal counsel) in this division. Enactment of this bill would structure, organizationally, a classified division director over a exempt position.
When the new division director position is created, the department will have to comply with applicable laws for filling the position.
MV/njw