Bill Text: GA HB1062 | 2011-2012 | Regular Session | Introduced

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Bill Title: Taxation; actuarial investigation and legislative procedures for review and perfection of all bills proposing tax exemptions; provide

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-02-21 - House Second Readers [HB1062 Detail]

Download: Georgia-2011-HB1062-Introduced.html

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12 LC 34 3340

House Bill 1062

By: Representatives Kaiser of the 59th and Wilkerson of the 33rd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, so as to provide for an actuarial investigation and a legislative procedure for review and perfection of all bills proposing tax exemptions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, is amended by adding a new article to read as follows:

"ARTICLE 4

48-2-100.

(a) As used in this article, the term:

(1) 'Committee' means the House Committee on Ways and Means, unless the context clearly requires otherwise.

(2) 'Tax exemption' means an exemption, exclusion, or deduction from the base of a tax, a credit against a tax, a deferral of a tax, or a preferential tax rate.

48-2-101.

(a) Any bill that is introduced on or after the effective date of this article that proposes a tax exemption having a fiscal impact may be introduced in the General Assembly only during the regular session which is held during the first year of the term of office of members of the General Assembly. Any such tax exemption bill may be passed by the General Assembly only during the regular session which is held during the second year of the term of office of members of the General Assembly.

(b) When a tax exemption bill having a fiscal impact is introduced, it shall be assigned by the presiding officer of the House of Representatives to the committee. If a majority of the total membership of the committee is opposed to the bill on its merits, no actuarial investigation provided for in Code Section 48-2-103 shall be necessary, and the bill shall not be reported out by the committee and shall not be adopted or considered by the House of Representatives. If a majority of the committee wishes to consider the bill further and votes in favor of an actuarial investigation of the bill, an actuarial investigation shall be required as provided in Code Section 48-2-103. No tax exemption bill having a fiscal impact shall be reported out of the committee or shall be considered or adopted by the House of Representatives or Senate unless an actuarial investigation of the bill is made.

48-2-102.

(a) A tax exemption bill having a fiscal impact which the committee wishes to consider shall first be perfected, if necessary, by the committee. The committee may delay further consideration of the bill until after the close of the regular session during which the bill was introduced, but the committee shall complete its consideration of the bill for submission to the state auditor under Code Section 48-2-103 by not later than July 15 immediately following the close of the legislative session. The committee shall be authorized to meet for not more than five days, unless additional days are authorized by the Speaker of the House of Representatives, during the period beginning with the day following the close of the session and ending on July 1 immediately following the close of the session for the purpose of considering and perfecting the bill. If a tax exemption bill having a fiscal impact is changed by the committee, such change shall be accomplished only by a substitute bill, and no committee amendment to the bill, except by substitute, shall be authorized.

(b) Immediately after a tax exemption bill having a fiscal impact has been considered and perfected as provided in subsection (a) of this Code section, the chairperson of the committee shall transmit an exact copy of the bill, as perfected by the committee, when applicable, to the state auditor. The copy submitted to the state auditor shall bear an LC number. The submission of the bill to the state auditor shall have attached thereto a letter signed by the chairperson of the committee requesting the state auditor to make or cause to be made an actuarial investigation of the bill.

48-2-103.

(a) If an actuarial investigation of a tax exemption bill having a fiscal impact is requested under Code Section 48-2-102, it shall be the duty of the state auditor to complete or cause to be completed such actuarial investigation by not later than November 1 of the same year during which the request for the actuarial investigation was made. The actuarial investigation shall include, but shall not be limited to, findings on the following factors as such factors are relevant to the tax exemption bill under consideration:

(1) The dollar amount of the tax exemption; and

(2) The dollar amount of the revenue to be generated in this state due to the tax exemption.

(b) By not later than November 1 of the same year that the request for an actuarial investigation was made, the completed actuarial investigation shall be submitted by the state auditor to the chairperson of the committee along with a summary of the actuarial investigation which shall include the relevant findings specified in subsection (a) of this Code section.

(c) The chairperson of the committee, upon receipt of the information provided for under subsection (b) of this Code section, shall cause the summary of the actuarial investigation to be printed by the Clerk of the House of Representatives, in sufficient quantity to attach a copy thereof to all printed copies of the bill. The original summary of the actuarial investigation shall be attached by the Clerk of the House of Representatives to the original version of the substitute bill, as perfected by the committee, if applicable, or to the original version of the bill as introduced if the bill was not changed by the committee prior to its submission to the state auditor for an actuarial investigation."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.