| HB 166 - Fiscal notes; preparation; OPB not participate |
First Reader Summary
A BILL to amend Article 3 of Chapter 5 of Title 28 of the
Official Code of Georgia Annotated, the "Georgia Fiscal Note
Act," so as to change provisions relating to requests for and
preparation of fiscal notes; to provide that fiscal notes shall
be prepared by the state auditor and the Department of Audits
without participation of the Office of Planning and Budget; and
for other purposes.
Code Sections -
28-5-42
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
|
| 1/26/99 |
Read 2nd Time |
|
HB 166 LC 18 9052
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 3 of Chapter 5 of Title 28 of the Official
1- 2 Code of Georgia Annotated, the "Georgia Fiscal Note Act," so
1- 3 as to change provisions relating to requests for and
1- 4 preparation of fiscal notes; to provide that fiscal notes
1- 5 shall be prepared by the state auditor and the Department of
1- 6 Audits without participation by the Office of Planning and
1- 7 Budget; to authorize the state auditor to employ or contract
1- 8 for personnel or services for such purposes; to provide for
1- 9 approval and payment of expenses for such purposes; to
1-10 provide for waiver conditions; to provide for circumstances
1-11 when a second fiscal note need not be requested; to provide
1-12 for related matters; to provide an effective date; to repeal
1-13 conflicting laws; and for other purposes.
1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-15 SECTION 1.
1-16 Article 3 of Chapter 5 of Title 28 of the Official Code of
1-17 Georgia Annotated, the "Georgia Fiscal Note Act," is amended
1-18 by striking Code Section 28-5-42, relating to introduction
1-19 and consideration of bills impacting state revenues and
1-20 expenditures, and inserting in its place a new Code section
1-21 to read as follows:
1-22 "28-5-42.
1-23 (a)(1) Any bill having a significant impact on the
1-24 anticipated revenue or expenditure level of any state
1-25 department, bureau, board, council, committee,
1-26 commission, or other state agency must be introduced no
1-27 later than the twentieth day of any session. The
1-28 sponsor of such legislation must request a fiscal note
1-29 from the Office of Planning and Budget and the
1-30 Department of Audits and Accounts by December 1 of the
1-31 year preceding the annual convening of the General
1-32 Assembly in which the bill is to be introduced, but
1-33 subsequent to the preparation of such bill by the Office
1-34 of Legislative Counsel. The failure to so request a
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2- 1 fiscal note by December 1 shall preclude consideration
2- 2 of the measure by the Senate or the House of
2- 3 Representatives. This The fiscal note requirement of
2- 4 this paragraph, however, may be waived by the committee
2- 5 to which the bill is assigned in the chamber wherein the
2- 6 bill is introduced. Any such waiver shall be by the
2- 7 affirmative vote of a majority of the members of the
2- 8 committee. Any such waiver by the committee shall allow
2- 9 consideration of the measure by both chambers in the
2-10 event the bill has been introduced within the time limit
2-11 prescribed in this paragraph.
2-12 (2) Any general bill having a significant impact on the
2-13 anticipated revenue or expenditure level of counties and
2-14 municipalities must be introduced no later than the
2-15 twentieth day of any session. This article shall not
2-16 apply to any local bill affecting a county or
2-17 municipality which must be advertised in accordance with
2-18 the requirements of Code Section 28-1-14, relating to
2-19 the advertisement of local legislation.
2-20 (b) In the event any bill as provided in this Code section
2-21 is introduced after the prescribed time limit, it shall
2-22 not be considered or acted upon in any manner by either
2-23 the Senate or the House of Representatives. The President
2-24 of the Senate shall decide whether a bill which is
2-25 introduced in the Senate falls within this category; and
2-26 the Speaker of the House of Representatives shall decide
2-27 whether a bill which is introduced in the House of
2-28 Representatives falls within this category. The President
2-29 of the Senate shall have the same right of decision on
2-30 House bills which reach the Senate; and the Speaker of the
2-31 House of Representatives shall have the same right of
2-32 decision on Senate bills which reach the House of
2-33 Representatives.
2-34 (c) The chairperson of the committee to which any such
2-35 bill is referred shall request the director of the Office
2-36 of Planning and Budget and the state auditor to submit any
2-37 such fiscal note as to the fiscal effect of any such bill
2-38 and to file a copy of such fiscal note with the
2-39 legislative budget analyst. The chairperson shall make
2-40 such request after the bill is referred to the committee.
2-41 The chairperson shall not be required to make such request
2-42 with respect to any bill for which a fiscal note has been
2-43 requested by the sponsor of the bill pursuant to paragraph
2-44 (1) of subsection (a) of this Code section or for which
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3- 1 the state auditor has previously submitted a fiscal note
3- 2 pursuant to a request under paragraph (1) of subsection
3- 3 (a) of this Code section. The request shall be complied
3- 4 with by the director of the Office of Planning and Budget
3- 5 and the state auditor. During any regular session of the
3- 6 General Assembly, such request shall be complied with
3- 7 within five days after receipt of the request. The
3- 8 principal administrative and fiscal officers of all
3- 9 departments, boards, councils, committees, commissions,
3-10 and other agencies of the state government and, when
3-11 applicable, of counties, municipalities, and other
3-12 political subdivisions are authorized and directed to
3-13 cooperate fully with the director of the Office of
3-14 Planning and Budget and the state auditor in providing any
3-15 information and assistance necessary in the preparation of
3-16 such fiscal notes.
3-17 (d) The fiscal note required by subsection (c) of this
3-18 Code section shall include a reliable estimate in dollars
3-19 of the anticipated change in revenue or expenditures under
3-20 the provisions of the bill. It shall also include a
3-21 statement as to the immediate effect and, if determinable
3-22 or reasonably foreseeable, the long-range effect of the
3-23 measure. If, after careful investigation, it is
3-24 determined that no dollar estimate is possible, the fiscal
3-25 note shall contain a statement to that effect, setting
3-26 forth the reasons why no dollar estimate can be given. In
3-27 this event, the fiscal note shall contain an example based
3-28 on a specific situation or reflecting the average group of
3-29 persons possibly affected by the bill so as to provide an
3-30 indication of the cost of such bill to the General
3-31 Assembly. Assumptions used to develop these averages
3-32 shall be noted in the fiscal note and the criteria
3-33 included herein shall constitute a fiscal note. No comment
3-34 or opinion regarding the merits of the measure for which
3-35 the statement is prepared shall be included in the fiscal
3-36 note; however, technical or mechanical defects may be
3-37 noted. The state auditor and the director of the Office
3-38 of Planning and Budget shall jointly prepare their fiscal
3-39 note; and, if there is a difference of opinion between
3-40 such officials, it shall be noted in the fiscal note. In
3-41 the event the director of the Office of Planning and
3-42 Budget and the state auditor concur that the fiscal note
3-43 on any such bill cannot be prepared within the five-day
3-44 limitation in effect during any regular session of the
3-45 General Assembly, they the state auditor shall so inform
-3-
4- 1 the chairperson in writing and shall be allowed to submit
4- 2 said note not later than ten days after the request for it
4- 3 is made.
4- 4 (e) The state auditor shall be authorized to employ or
4- 5 contract for personnel or services to carry out the duties
4- 6 assigned by this article. Upon their approval by the
4- 7 Legislative Services Committee, expenses incurred by the
4- 8 state auditor in carrying out such duties shall be paid
4- 9 from funds appropriated or available to the legislative
4-10 branch of state government. When authorized to do so by
4-11 the Legislative Services Committee, the legislative fiscal
4-12 officer, upon certification by the state auditor of
4-13 expenses incurred to carry out the duties assigned to that
4-14 officer under this article, is authorized to expend
4-15 legislative funds to pay such expenses. Any such
4-16 authorization by the Legislative Services Committee may be
4-17 on a continuing basis by direction of the committee
4-18 entered upon its minutes."
4-19 SECTION 2.
4-20 This Act shall become effective upon its approval by the
4-21 Governor or upon its becoming law without such approval.
4-22 SECTION 3.
4-23 All laws and parts of laws in conflict with this Act are
4-24 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
