09 LC 28
4765S
The
House Committee on Budget & Fiscal Affairs Oversight offers the following
substitute to SB 158:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 28 of the Official Code of Georgia
Annotated, relating to fiscal bills generally, so as to provide exceptions to
the requirements for fiscal notes regarding legislation; to provide for the
contents of fiscal notes; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating
to fiscal bills generally, is amended by revising Code Section 28-5-42, relating
to introduction of bills having significant impact upon anticipated revenues or
expenditures, as follows:
"28-5-42.
(a)(1)
Any bill having a significant impact on the anticipated revenue or expenditure
level of any state department, bureau, board, council, committee, commission, or
other state agency
must
shall
be introduced no later than the twentieth day of any session. The sponsor of
such legislation
must
shall
request a fiscal note from the Office of Planning and Budget and the Department
of Audits and Accounts by November 1 of the year preceding the annual convening
of the General Assembly in which the bill is to be introduced, but subsequent to
the preparation of such bill by the Office of Legislative Counsel. With respect
to a member-elect of the General Assembly, such person
must
shall
request a fiscal note from the Office of Planning and Budget and the Department
of Audits and Accounts by December 1 of the year preceding the annual convening
of the General Assembly in which the bill is to be introduced, but subsequent to
the preparation of such bill by the Office of Legislative Counsel. The director
of the Office of Planning and Budget and the state auditor shall prepare and
submit the fiscal note not later than the day of convening of the General
Assembly.
(2)
The failure to request a fiscal note by November 1 as provided in paragraph (1)
of this subsection shall preclude consideration of the measure by the Senate or
the House of Representatives unless the committee to which a bill is assigned in
the chamber in which it is introduced:
(A)(i)
Determines that such bill will have a significant impact as described in
paragraph (1) of this subsection;
(ii)
Waives the applicable November 1 or December 1 deadline of paragraph (1) of this
subsection;
(iii)
Requests a fiscal note from the director of the Office of Planning and Budget
and the state auditor, except as otherwise provided in subsection (e) of this
Code section; and
(iv)
Among fiscal notes so requested, the chairperson of such committee suggests a
preferred order of completion to guide the director of the Office of Planning
and Budget and the state auditor; or
(B)
Determines that such bill will not have a significant impact as described in
paragraph (1) of this subsection.
(3)
Any such determination or waiver shall be by the affirmative vote of a majority
of the members of the committee, on a specific motion for waiver, and shall
allow consideration of the measure by both chambers so long as the bill has been
introduced not later than the twentieth day of any session.
(4)
Any general bill having a significant impact on the anticipated revenue or
expenditure level of counties and municipalities
must
shall
be introduced no later than the twentieth day of any session.
(5)
This article shall not apply to any local bill affecting a county or
municipality which must be advertised in accordance with the requirements of
Code Section 28-1-14, relating to the advertisement of local
legislation.
(6)
This article shall not apply to amendments or substitutes to a bill after its
introduction nor shall it apply to conference committee reports in the General
Assembly; provided, however, that a fiscal note may be requested for amendments,
substitutes, and conference committee reports on a majority vote of the
committee or house considering such amendment, substitute, or conference
committee report.
(b)
In the event any bill having a significant impact as described in paragraph (1)
of subsection (a) of this Code section is introduced after the twentieth day of
any session, it shall not be considered or acted upon in any manner by either
the Senate or the House of Representatives. The President of the Senate shall
decide whether a bill which is introduced in the Senate falls within this
category; and the Speaker of the House of Representatives shall decide whether a
bill which is introduced in the House of Representatives falls within this
category. The President of the Senate shall have the same right of decision on
House bills which reach the Senate; and the Speaker of the House of
Representatives shall have the same right of decision on Senate bills which
reach the House of Representatives.
(c)(1)
In the event a bill having a significant impact as described in paragraph (1) of
subsection (a) of this Code section is introduced not later than the twentieth
day of any session, the chairperson of the committee to which such bill is
referred shall request the director of the Office of Planning and Budget and the
state auditor to submit any such fiscal note as to the fiscal effect of any such
bill and to file a copy of such fiscal note with the Senate Budget Office and
the House Budget Office. The chairperson shall make such request after the bill
is referred to the committee.
(2)
The chairperson shall not be required to make such request with respect to any
bill for which:
(A)
A fiscal note has been requested by the sponsor of the bill pursuant to
paragraph (1) of subsection (a) of this Code section and the chairperson
has been duly notified in writing of such request by such sponsor;
or
(B)
The director of the Office of Planning and Budget and the state auditor have
previously submitted a fiscal note pursuant to a request under paragraph (1) of
subsection (a) of this Code section.
(d)
In the event a determination is made under subparagraph (a)(2)(B) of this Code
section that a bill will not have a significant impact, if the director of the
Office of Planning and Budget or the state auditor has information or knowledge
that any bill will have a significant impact as described in paragraph (1) of
subsection (a) of this Code section, a fiscal note may be prepared according to
the criteria outlined in subsection (g) of this Code section. Such a fiscal
note may be prepared without a request by the bill's author or the committees to
which it is assigned in either chamber. Any fiscal note prepared according to
this subsection shall be distributed consistent with Code Section
28-5-44.
(e)
During any regular session of the General Assembly, the director of the Office
of Planning and Budget and the state auditor shall prepare and submit the fiscal
note within five days after receipt of the request or within ten days if the
director of the Office of Planning and Budget and the state auditor have made a
formal request for extension of time.
(f)
The principal administrative and fiscal officers of all departments, boards,
councils, committees, commissions, and other agencies of the state government
and, when applicable, of counties, municipalities, and other political
subdivisions are authorized and directed to cooperate fully with the director of
the Office of Planning and Budget and the state auditor in providing any
information and assistance necessary in the preparation of fiscal notes pursuant
to this Code section.
(g)
The fiscal note required by this Code section shall
include:
(1)
A
a
reliable estimate in dollars of the anticipated change in revenue or
expenditures under the provisions of the
bill;
(2)
A reliable estimate in dollars of the net impact of the bill or a cost-benefit
analysis of the bill reflecting the cost of the bill and any savings or
financial benefits which the state or local government will realize under the
provisions of the bill; and
(3)
An identification of the specific taxpayers affected by the bill and a reliable
estimate of the net impact of the bill expressed as a cost or savings in dollars
to such taxpayers and, if different classes or groups of taxpayers are affected
differently by the bill, an estimate of the net impact of the bill expressed as
a cost or savings in dollars to each such class or group of
taxpayers.
It
shall also include a statement as to the immediate effect and, if determinable
or reasonably foreseeable, the long-range effect of the measure. If, after
careful investigation, it is determined that no dollar estimate is possible, the
fiscal note shall contain a statement to that effect, setting forth the reasons
why no dollar estimate can be given. In this event, the fiscal note shall
contain an example based on a specific situation or reflecting the average group
of persons possibly affected by the bill so as to provide an indication of the
cost and net
impact or cost-benefit analysis of such
bill to the General Assembly. Assumptions used to develop these averages shall
be noted in the fiscal
note,
and the criteria included herein shall constitute a fiscal note. No comment or
opinion regarding the merits of the measure for which the statement is prepared
shall be included in the fiscal note; however, technical or mechanical defects
may be noted. The state auditor and the director of the Office of Planning and
Budget shall jointly prepare their fiscal note; and, if there is a difference of
opinion between such officials, it shall be noted in the fiscal note. In the
event the director of the Office of Planning and Budget and the state auditor
concur that the fiscal note on any such bill cannot be prepared within the
five-day limitation in effect during any regular session of the General
Assembly, they shall so inform the chairperson in writing and shall be allowed
to submit said note not later than ten days after the request for it is
made.
(h)
The sponsor of a bill that is subject to the requirements of this Code section
may satisfy the requirements of this Code section by submitting a fiscal note
from an individual, firm, or organization that has specific demonstrable
expertise in the subject matter of the bill, provided that such fiscal note
meets the requirements of subsection (g) of this Code section. The sponsor may
also submit a fiscal note from an individual, firm, or organization that has
specific demonstrable expertise in the subject matter of the bill in addition to
the fiscal note prepared by the Office of Planning and Budget and the state
auditor which shall also be attached to the bill and read and distributed in the
same manner as the fiscal note prepared by the Office of Planning and Budget and
the state auditor as provided in Code Section
28-5-44."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.