SB 38 - Local Govt. Impact Fiscal Notes Act - repeal
Georgia Senate - 1995/1996 Sessions
SB 38 - Local Govt. Impact Fiscal Notes Act - repeal
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9
1. Cheeks 23rd
Senate Comm: SLGO-G / House Comm: /
Senate Vote: Yeas Nays
---------------------------------------------
Senate Action House
---------------------------------------------
1/10/95 Read 1st time
---------------------------------------------
Code Sections amended: 28-5-47, 28-5-48, 28-5-49, 28-5-50, 28-5-51, 28-5-52,
28-5-53, 28-5-54, 28-5-55, 28-5-56
SB 38 95 LC 21 2913
SENATE BILL 38
By: Senator Cheeks of the 23rd
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 5 of Title 28 of the Official Code of
1- 2 Georgia Annotated, relating to financial affairs of the
1- 3 General Assembly, so as to repeal the "Local Government
1- 4 Impact Fiscal Notes Act"; to provide procedures for the
1- 5 introduction, consideration, and passage of bills imposing
1- 6 unfunded costs on counties, municipalities, or school boards
1- 7 or any combination thereof or bills reducing sources of
1- 8 revenue for counties, municipalities, or school boards or
1- 9 any combination thereof; to provide a short title; to define
1-10 certain terms; to provide that a mandated expenditure bill
1-11 shall carry a legislative counsel number when introduced; to
1-12 provide for changes in mandated expenditure bills prior to
1-13 introduction; to provide prerequisites to introduction of
1-14 bills affecting the expenditures of counties,
1-15 municipalities, or school boards or any combination thereof;
1-16 to provide for the amendment of bills affecting the
1-17 expenditures of counties or municipalities or both which are
1-18 not mandated expenditure bills; to provide for the
1-19 introduction of mandated expenditure bills and for
1-20 preliminary consideration by legislative committees; to
1-21 provide for perfection of mandated expenditure bills by
1-22 legislative committees and for a cost analysis of such
1-23 bills; to provide for the scope of the cost analysis
1-24 undertaken by the state auditor; to provide for the
1-25 publication and distribution of the cost analysis and
d d d ‚> C@ d é> C@ d P> C@ d ·> C@ d > C@ d …> C@ d ì>
1-27 consideration of a mandated expenditure bill by the General
1-28 Assembly and procedures and restrictions relative to
1-29 amendments to such bills; to provide for the effect of bills
1-30 which have been passed without compliance with this Act; to
1-31 provide that this Act shall not apply to certain bills
1-32 affecting expenditures of counties, municipalities, or
1-33 school boards or any combination thereof; to provide for
1-34 related matters; to repeal conflicting laws; and for other
1-35 purposes.
1-36 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
S. B. 38
-1- (Index)
LC 21 2913
SECTION 1.
2- 1 Chapter 5 of Title 28 of the Official Code of Georgia
2- 2 Annotated, relating to financial affairs of the General
2- 3 Assembly, is amended by striking in its entirety Article 3A,
2- 4 known as the "Local Government Impact Fiscal Notes Act," and
2- 5 inserting in lieu thereof a new Article 3A to read as
2- 6 follows:
"ARTICLE 3A
2- 7 28-5-47. (Index)
2- 8 This article shall be known and may be cited as the 'Local
2- 9 Government Unfunded Mandate Procedures Act.'
2-10 28-5-48. (Index)
2-11 As used in this article, the term:
2-12 (1) 'Cost analysis' means an analysis of the costs to
2-13 counties, municipalities, or school boards as a result
2-14 of the passage and implementation of a proposed mandated
2-15 expenditure bill.
2-16 (2) 'County' means a county government located in the
2-17 State of Georgia.
2-18 (3) 'Local governments' means counties, municipalities,
2-19 or school boards or any combination thereof.
2-20 (4)(A) 'Mandated expenditure bill' means any bill or
2-21 joint resolution introduced into the General Assembly
2-22 which:
2-23 (i) Would require a county, municipality, or school
2-24 board to provide or increase a service or which
2-25 would increase the costs to a county, municipality,
2-26 or school board in providing a service;
2-27 (ii) Would require a county, municipality, or school
2-28 board to undertake a new program or function or to
2-29 expand an existing program or function;
2-30 (iii) Would forbid, restrict, or reduce any source
2-31 of revenue for a county, municipality, or school
2-32 board; or
2-33 (iv) Would result in any combination of the
2-34 requirements, restrictions, or reductions enumerated
2-35 in divisions (i) through (iii) of this subparagraph.
2-36 (B) 'Mandated expenditure bill' shall not mean any
S. B. 38
-2- (Index)
LC 21 2913
3- 1 bill or joint resolution requiring an expenditure of
3- 2 less than $100,000.00 of public funds or the
3- 3 employment of less than five persons by counties,
3- 4 municipalities, or school boards.
3- 5 (5) 'Municipality' means an incorporated municipality of
3- 6 the State of Georgia. Such term shall also include
3- 7 consolidated municipal and county governments and
3- 8 unified municipal and county governments.
3- 9 (6) 'School board' means the board of education of a
3-10 county, independent, or area public school system.
3-11 28-5-49. (Index)
3-12 No bill affecting the expenditures or revenues of local
3-13 governments may be introduced by any member of the General
3-14 Assembly unless, at the time of its introduction, the bill
3-15 has printed thereon in the upper right portion of each
3-16 page of the bill an LC number. Once a mandated
3-17 expenditure bill is presented by the Office of Legislative
3-18 Counsel to a member of the General Assembly, neither the
3-19 Office of Legislative Counsel nor any person shall make
3-20 any change in the mandated expenditure bill prior to its
3-21 introduction into the General Assembly unless the bill is
3-22 returned to the Office of Legislative Counsel and that
3-23 office assigns a new LC number to the bill.
3-24 28-5-50. (Index)
3-25 As a condition precedent to the introduction of any bill
3-26 affecting the expenditures or revenues of local
3-27 governments, the member of the General Assembly who
3-28 intends to be the primary sponsor of the bill must present
3-29 an exact copy of the proposed bill, which must bear an LC
3-30 number, to the state auditor. The state auditor shall
3-31 determine whether the proposed bill is a mandated
3-32 expenditure bill and provide a written certification of
3-33 that determination to the member of the General Assembly
3-34 who intends to be the primary sponsor of the bill. Such
3-35 certification shall specifically identify the proposed
3-36 bill by reference to the LC number. If the proposed bill
3-37 is introduced into the General Assembly, it shall have
3-38 attached thereto the original of the certification of the
3-39 state auditor. If the LC number on the bill as offered
3-40 for introduction is different from the LC number shown on
3-41 the state auditor's certification or if the bill as
3-42 offered for introduction does not bear an LC number on
3-43 each page of the bill, the bill may not be accepted for
S. B. 38
-3- (Index)
LC 21 2913
4- 1 introduction by the Secretary of the Senate or the Clerk
4- 2 of the House of Representatives, and the bill may not be
4- 3 considered by any committee of the House or Senate or by
4- 4 the House or Senate. If the bill is certified as a
4- 5 mandated expenditure bill, its introduction shall also be
4- 6 limited by the provisions of subsection (a) of Code
4- 7 Section 28-5-52.
4- 8 28-5-51. (Index)
4- 9 (a) A bill affecting the expenditures or revenues of local
4-10 governments which is not a mandated expenditure bill may
4-11 be introduced at any time during any regular session of
4-12 the General Assembly. After its introduction into the
14d d ing d Ž? >@ d õ? >@ d \? >@ d Ã? >@ d *? >@ d ‘? >@ d ø?
4-14 manner to cause the bill to become a mandated expenditure
4-15 bill. Any amendment to such a bill shall be submitted to
4-16 the state auditor by the chairperson of the committee, if
4-17 a committee amendment, or by the presiding officer of the
4-18 Senate or House if the amendment was made by the Senate or
4-19 House. If the state auditor certifies in writing that the
4-20 amendment does not cause the bill to become a mandated
4-21 expenditure bill, the bill, as amended, may continue in
4-22 the legislative process as any other bill. If the state
4-23 auditor will not issue such a certification for the
4-24 amendment, the bill's progress in the legislative process
4-25 will end, and the bill shall not be considered further by
4-26 either the House or the Senate, and, if passed by the
4-27 General Assembly, the bill shall not become law and shall
4-28 stand repealed in its entirety on the first day of July
4-29 immediately following its enactment.
4-30 (b) An amendment to a bill affecting the expenditures or
4-31 revenues of local governments which is not a mandated
4-32 expenditure bill which is prohibited by subsection (a) of
4-33 this Code section may be withdrawn by the committee which
4-34 made the amendment, if a committee amendment, or by the
4-35 Senate, if that body made the amendment, or by the House,
4-36 if that body made the amendment. If the amendment is
4-37 withdrawn, the bill may continue in the legislative
4-38 process as any other bill, unless it is subsequently
4-39 amended, and, in that event, this Code section shall apply
4-40 to the subsequent amendment.
4-41 (c) A bill affecting the expenditures or revenues of local
4-42 governments which is not a mandated expenditure bill and
4-43 which is not amended during the legislative process may be
4-44 considered as any other bill.
S. B. 38
-4- (Index)
LC 21 2913
5- 1 28-5-52. (Index)
5- 2 (a) Any mandated expenditure bill may be introduced in the
5- 3 General Assembly only during the regular session which is
5- 4 held during the first year of the term of office of
5- 5 members of the General Assembly. Any such mandated
5- 6 expenditure bill may be passed by the General Assembly
5- 7 only during the regular session which is held during the
5- 8 second year of the term of office of members of the
5- 9 General Assembly, except as otherwise provided in Code
5-10 Section 28-5-56.
5-11 (b) When a mandated expenditure bill is introduced, it
5-12 shall be assigned by the presiding officer of the Senate
5-13 or the House, as the case may be, to the appropriate
5-14 Senate or House standing committee. If a majority of the
5-15 total membership of the respective committee is opposed to
5-16 the bill on its merits, no cost analysis provided for in
5-17 Code Section 28-5-54 shall be necessary, and the bill
5-18 shall not be reported out of the committee and shall not
5-19 be adopted or considered by the House or Senate. If a
5-20 majority of the committee wishes to consider the bill
5-21 further and votes in favor of a cost analysis of the bill,
5-22 a cost analysis shall be required as provided in Code
5-23 Section 28-5-54. Except as otherwise provided by
5-24 subsection (c) of this Code section, no mandated
5-25 expenditure bill may be reported out of the committee to
5-26 which it is assigned or may be considered or adopted by
5-27 the House or Senate unless a cost analysis of the bill is
5-28 made.
5-29 (c) The committee to which a mandated expenditure bill is
5-30 assigned following its introduction may at any time amend
5-31 the bill so that it is not a mandated expenditure bill.
5-32 If the bill is so amended, an exact copy of the amended
5-33 version shall be submitted by the chairperson of the
5-34 committee to the state auditor. If the state auditor
5-35 issues a written certification that the committee
5-36 amendment has converted the status of the bill so that it
5-37 is not a mandated expenditure bill, the bill shall no
5-38 longer be a mandated expenditure bill for all purposes
5-39 under this article as of the date of the state auditor's
5-40 certification. Only the committee to which a mandated
5-41 expenditure bill is originally assigned following its
5-42 introduction may convert the bill as authorized in this
5-43 subsection.
5-44 28-5-53. (Index)
S. B. 38
-5- (Index)
LC 21 2913
6- 1 (a) A mandated expenditure bill which the committee wishes
6- 2 to consider shall first be perfected, if necessary, by the
6- 3 committee. The committee may delay further consideration
6- 4 of the bill until after the close of the regular session
6- 5 during which the bill was introduced, but the committee
6- 6 shall complete its consideration of the bill for
6- 7 submission to the state auditor under Code Section 28-5-54
6- 8 by not later than July 15 immediately following the close
6- 9 of the legislative session. The committee shall be
6-10 authorized to meet for not more than five days, unless
6-11 additional days are authorized by the President of the
6-12 Senate for the Senate committee or by the Speaker of the
6-13 House for the House committee, during the period beginning
6-14 with the day following the close of the session and ending
6-15 on July 1 immediately following the close of the session
6-16 for the purpose of considering and perfecting the bill.
6-17 If the bill originated in the Senate, the appropriate
6-18 House committee as determined by the Speaker of the House
6-19 of Representatives shall be authorized to meet with the
6-20 Senate committee to consider and perfect a bill during the
6-21 period following the close of a regular session, and, if
6-22 the bill originated in the House, the appropriate Senate
6-23 committee as determined by the President of the Senate
6-24 shall have the same authority. The committees may adopt
6-25 such procedures as they find appropriate for conducting
6-26 meetings at which both committees are present as
6-27 authorized by this subsection. For attending meetings of
6-28 their respective committees as authorized by this
6-29 subsection, the members of the Senate and House committees
6-30 shall receive the expenses and allowances provided by law
6-31 for members of legislative interim committees. If a
6-32 mandated expenditure bill is changed by the committee to
6-33 which it is assigned, such change shall be accomplished
6-34 only by a substitute bill, and no committee amendment to
6-35 the bill, except by substitute, shall be authorized.
6-36 (b) Immediately after a mandated expenditure bill has been
6-37 considered and perfected as provided in subsection (a) of
6-38 this Code section, the chairperson of the committee to
6-39 which the bill was assigned shall transmit an exact copy
6-40 of the bill, as perfected by the committee, when
6-41 applicable, to the state auditor. The copy submitted to
6-42 the state auditor shall bear an LC number. The submission
6-43 of the bill to the state auditor shall have attached
6-44 thereto a letter signed by the chairperson of the
S. B. 38
-6- (Index)
LC 21 2913
7- 1 committee requesting the state auditor to make or cause to
7- 2 be made a cost analysis on the bill.
7- 3 28-5-54. (Index)
7- 4 (a) If a cost analysis of a mandated expenditure bill is
7- 5 requested under Code Section 28-5-53, it shall be the duty
7- 6 of the state auditor to complete or cause to be completed
7- 7 such cost analysis by not later than November 1 of the
7- 8 same year during which the request for the cost analysis
7- 9 was made. The cost analysis shall estimate the aggregate
7-10 costs to taxpayers of local governments in Georgia of the
7-11 proposed mandated expenditure bill.
7-12 (b) By not later than November 1 of the same year that the
7-13 request for a cost analysis was made, the completed cost
7-14 analysis shall be submitted by the state auditor to the
7-15 chairperson of the committee who requested it along with a
7-16 summary of the findings of the state auditor.
7-17 (c) The chairperson of the committee, upon receipt of the
7-18 information provided for under subsection (b) of this Code
7-19 section, shall cause the cost analysis and summary to be
7-20 printed by the Secretary of the Senate or the Clerk of the
7-21 House of Representatives, depending on whether the bill is
7-22 a Senate bill or a House bill, in sufficient quantity to
7-23 attach a copy thereof to all printed copies of the bill.
7-24 The original cost analysis and summary shall be attached
7-25 by the Secretary of the Senate or Clerk of the House of
7-26 Representatives to the original version of the substitute
7-27 bill, as perfected by the committee under Code Section
7-28 28-5-53, if applicable, or to the original version of the
7-29 bill as introduced if the bill was not changed by the
7-30 committee prior to its submission to the state auditor for
7-31 a cost analysis.
7-32 (d) By not later than November 1 of the same year that the
7-33 request for a cost analysis was made, the completed cost
7-34 analysis and summary shall be submitted by the state
7-35 auditor to the commissioner of community affairs. The
7-36 commissioner of community affairs shall publicize the
7-37 findings of the state auditor in such a way as to
7-38 reasonably inform affected local governments.
7-39 28-5-55. (Index)
7-40 (a) When a mandated expenditure bill has had a cost
7-41 analysis pursuant to Code Section 28-5-54, the bill may be
7-42 considered at the next regular session of the General
S. B. 38
-7- (Index)
LC 21 2913
8- 1 Assembly. If the bill as originally introduced was not
8- 2 changed by the committee and the original version was
8- 3 submitted to the state auditor for a cost analysis, then
8- 4 the original version of the bill is the only one, except
8- 5 as otherwise provided by subsection (b) of this Code
8- 6 section, which may be considered by any committee or by
8- 7 the House or Senate. If the original bill was substituted
8- 8 by the committee and the substitute version was the one
8- 9 submitted to the state auditor, then that substitute bill
8-10 is the only one, except as otherwise provided by
8-11 subsection (b) of this Code section, which may be
8-12 considered by any committee or by the House or Senate.
8-13 (b) After completion of a cost analysis, any amendment to
8-14 a mandated expenditure bill shall be out of order and
8-15 shall not be allowed either by a committee or by the House
8-16 or Senate, except for a nonfiscal or a reduction in cost
8-17 amendment. Any amendment to a mandated expenditure bill
8-18 shall be submitted to the state auditor by the chairperson
8-19 of the committee, if a committee amendment, or by the
8-20 presiding officer of the Senate or House if the amendment
8-21 was made by the Senate or House. If the state auditor
8-22 certifies in writing that the amendment is a nonfiscal or
8-23 a reduction in cost amendment, then the bill as amended,
8-24 with the state auditor's certification attached to the
8-25 original of the amendment, may continue in the legislative
8-26 process. If the state auditor will not issue such a
8-27 certification for the amendment, the bill's progress in
8-28 the legislative process will end and the bill shall not be
8-29 considered further by either the House or Senate and, if
8-30 passed by the General Assembly, the bill shall not become
8-31 law and shall stand repealed in its entirety on the first
8-32 day of July immediately following its enactment.
8-33 (c) An amendment to a mandated expenditure bill which is
8-34 prohibited by subsection (b) of this Code section may be
8-35 withdrawn by the committee which made the amendment, if a
8-36 committee amendment, or by the Senate, if that body made
8-37 the amendment, or by the House, if that body made the
8-38 amendment. If the amendment is withdrawn, the bill may
8-39 continue in the legislative process as any other bill,
8-40 unless it is subsequently amended, and, in that event,
8-41 this Code section shall apply to the subsequent amendment.
8-42 28-5-56. (Index)
8-43 The provisions of this article shall not apply to:
S. B. 38
-8- (Index)
LC 21 2913
9- 1 (1) Any bill for which the General Assembly provides a
9- 2 contemporaneous appropriation sufficient to fund the
9- 3 costs imposed upon local governments by such bill. In
9- 4 any year in which the appropriation is less than the
9- 5 required funding level, compliance by local governments
9- 6 with the mandates of the unfunded law shall be optional,
9- 7 not mandatory;
9- 8 (2) Any bill proposed or passed in a special session of
9- 9 the General Assembly;
9-10 (3) Any bill protecting the environment or containing
9-11 mandates which the federal government requires the state
9-12 to impose on local governments;
9-13 (4) Any bill prohibiting discrimination against persons
9-14 on the basis of race, sex, religion, national origin, or
9-15 any disability;
9-16 (5) Any bill providing for the health, welfare, or
9-17 protection of persons under the age of 21; or
9-18 (6) Any bill approved by two-thirds of the members
9-19 elected to each branch of the General Assembly in a
9-20 roll-call vote."
SECTION 2.
9-21 All laws and parts of laws in conflict with this Act are
9-22 repealed.
S. B. 38
-9- (Index)
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97