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HB 58 - Housing Affordability Impact Note Act; enact

Randall, William (Billy) C (127th)	Dean, Douglas C. (48th)	Jones, Vernon A (71st)
Watson, Stanley (70th)

Status Summary	HC:	SJudy	SC:		FR:	01/13/99	LA:	03/24/99	H - Recommitted

First Reader Summary

A BILL to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs of the General Assembly, so as to provide for issuance of a housing affordability impact note for any legislation or rule that affects the cost of constructing a residential unit of housing; and for other purposes.

Code Sections - 28-5-140/ 28-5-141/ 28-5-142/ 28-5-143/ 28-5-144/ 28-5-145/ 28-5-146

HB 58                                              LC 10 2619 
 
 
 
 
 
 
                        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 provide for issuance of a housing 
  1- 4  affordability impact note for any legislation or rule that 
  1- 5  affects the cost of constructing a residential unit of 
  1- 6  housing; to provide for a short title; to provide for 
  1- 7  contents and requirements for such housing affordability 
  1- 8  impact notes; to provide for applicability; to require the 
  1- 9  state auditor to perform certain duties; to provide for 
  1-10  comments and testimony; to provide for related matters; to 
  1-11  repeal conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Chapter 5 of Title 28 of the Official Code of Georgia 
  1-15  Annotated, relating to financial affairs of the General 
  1-16  Assembly, is amended by adding at the end of said chapter a 
  1-17  new Article 6 to read as follows: 
 
 
 
  1-18    28-5-140. 
 
  1-19    This article shall be known and may be cited as the 
  1-20    'Housing Affordability Impact Note Act.' 
 
  1-21    28-5-141. 
 
  1-22    (a) The sponsor of any bill, except a bill making a direct 
  1-23    appropriation, the purpose or effect of which is to 
  1-24    directly increase or decrease the cost of constructing a 
  1-25    residential unit, shall request a brief explanatory 
  1-26    statement or note that shall include a reliable estimate 
  1-27    of the anticipated impact of such bill. 
 
  1-28    (b) Every proposed rule of an agency, the purpose or 
  1-29    affect of which is to directly increase or decrease the 
  1-30    cost of constructing, purchasing, owning, or selling a 
  1-31    residential unit of housing, shall have prepared for it, 
 
 
 
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  2- 1    before submission of such rule to the appropriate standing 
  2- 2    committees of the House of Representatives and the Senate, 
  2- 3    a brief explanatory statement or note that shall include a 
  2- 4    reliable estimate of the anticipated impact of such rule. 
  2- 5    As used in this article, the terms 'agency' and 'rule' 
  2- 6    shall have the same meanings as in Chapter 13 of Title 50, 
  2- 7    the 'Georgia Administrative Procedure Act.' 
 
  2- 8    (c) The statements or notes required by this Code section 
  2- 9    shall be known as housing affordability impact notes. 
 
  2-10    28-5-142. 
 
  2-11    The sponsor of each bill, or the agency proposing a rule, 
  2-12    to which Code Section 28-5-141 applies shall present a 
  2-13    copy of the bill or proposed rule with the request for a 
  2-14    housing affordability impact note to the state auditor. 
  2-15    The housing affordability impact note shall be prepared by 
  2-16    the state auditor and shall be submitted to the sponsor of 
  2-17    the bill or the agency proposing a rule within 20 calendar 
  2-18    days. If, in the opinion of the state auditor, there is 
  2-19    insufficient information to prepare a reliable estimate of 
  2-20    the anticipated impact, a statement to that effect can be 
  2-21    filed and shall meet the requirements of this article. 
 
  2-22    28-5-143. 
 
  2-23    Whenever the sponsor of any bill is of the opinion that no 
  2-24    housing affordability impact note is required, the Speaker 
  2-25    of the House of Representatives or the President of the 
  2-26    Senate may request that a note be obtained, and in that 
  2-27    event, the applicability of this article shall be decided 
  2-28    by the majority of those present and voting in that body 
  2-29    of which the sponsor is a member. 
 
  2-30    28-5-144. 
 
  2-31    The housing affordability impact note shall be factual in 
  2-32    nature, as brief and concise as possible, and shall 
  2-33    provide a reliable estimate in dollars, and, in addition, 
  2-34    shall include both the immediate effect and, if 
  2-35    determinable or reasonably foreseeable, the long-range 
  2-36    effect of the measure. A housing affordability impact note 
  2-37    shall be prepared on the basis of a single residential 
  2-38    unit of housing.  If, after careful investigation, it is 
  2-39    determined that no dollar estimate is possible, the note 
  2-40    shall contain a statement to that effect, setting forth 
  2-41    the reasons why no dollar estimate can be given.  A brief 
  2-42    summary or worksheet of computations used in arriving at 
 
 
 
                                 -2- 
 
 
 
  3- 1    housing affordability impact note figures shall be 
  3- 2    included with such note. 
 
  3- 3    28-5-145. 
 
  3- 4    No comment or opinion shall be included in the housing 
  3- 5    affordability impact note with regard to the merits of the 
  3- 6    measure for which the housing affordability impact note is 
  3- 7    prepared; however, technical or mechanical defects may be 
  3- 8    noted. 
 
  3- 9    28-5-146. 
 
  3-10    Whenever any committee of either the House of 
  3-11    Representatives or the Senate reports any bill with an 
  3-12    amendment that will substantially affect the figures 
  3-13    stated in the housing affordability impact note attached 
  3-14    to the measure at the time of its referral to the 
  3-15    committee, there shall be included with the report of the 
  3-16    committee a statement of the effect of the change proposed 
  3-17    by the amendment reported if desired by a majority of the 
  3-18    committee." 
 
  3-19                           SECTION 2. 
 
  3-20  All laws and parts of laws in conflict with this Act are 
  3-21  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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