Bill Text: GA HB719 | 2009-2010 | Regular Session | Introduced
Bill Title: Planning and Budget, Office of; tax expenditure review as part of budget report; require
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2009-03-12 - House Second Readers [HB719 Detail]
Download: Georgia-2009-HB719-Introduced.html
09 LC 18
8274
House
Bill 719
By:
Representatives Porter of the
143rd,
Smyre of the
132nd,
Hugley of the
133rd,
Ashe of the
56th,
Randall of the
138th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of
Georgia Annotated, relating to management of budgetary and financial affairs by
the Office of Planning and Budget, so as to require tax expenditure reviews as a
part of the budget report; to provide for a definition; to provide for contents
and requirements of each report; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia
Annotated, relating to management of budgetary and financial affairs by the
Office of Planning and Budget, is amended in Code Section 45-12-71, relating to
definitions regarding management of such affairs by such office, by adding a new
paragraph to read as follows:
"(15)
'Tax expenditure' means any statutory provision which exempts, in whole or in
part, any specific class or classes of persons, income, goods, services, or
property from the impact of established state taxes, including but not limited
to tax deductions, tax allowances, tax exclusions, tax credits, preferential tax
rates, and tax exemptions. Such term shall also include any expenditure of
state tax proceeds to local governments for homeowner tax relief grants or local
government assistance grants which grants are authorized by or required by any
provision of Article VII of the
Constitution."
SECTION
2.
Said
part is further amended in Code Section 45-12-75, relating to the budget report,
by revising paragraphs (7) and (8) and adding paragraph (9) to read as
follows:
"(7)
A draft of a proposed General Appropriations Act or Acts embodying the
Governor's budget report and recommendations for appropriations for the next
fiscal year and drafts of such revenue and other Acts as may be recommended for
putting into effect the proposed financial plan. The recommended appropriation
for each budget unit shall be specified in a separate section of the General
Appropriations Act. The total amount of appropriations recommended shall not
exceed the cash resources available to meet expenditures under such
appropriations;
and
(8)
A tax
expenditure review for the state. Such report shall detail for each tax
expenditure item that amount of tax revenue foregone for at least a three-year
period, including the period covered in the Governor's budget submitted the
preceding January, the current budget, and an estimate of at least one future
year, a citation of the statutory or other legal authority for the expenditure,
and the year in which it was enacted or the tax year in which it became
effective. The report shall also contain a statement of the intended objective
of the tax expenditure, an analysis of whether the tax expenditure is achieving
that objective, and the effect of the expenditure device on the distribution of
the tax burden and administration of the tax system. Taxes included in this
report shall cover all state taxes collected by the Department of Revenue.
Nothing in this paragraph shall preclude the Office of Planning and Budget from
contracting out the preparation and analysis associated with the development of
such report. Such report shall be available to the public at the Open Georgia
website; and
(9)
Such other information as the Governor deems desirable or as is required by
law."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.