Bill Text: GA SB429 | 2011-2012 | Regular Session | Engrossed
Bill Title: General Assembly; fiscal notes for bills changing compensation; change provisions
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Engrossed - Dead) 2012-03-07 - House Second Readers [SB429 Detail]
Download: Georgia-2011-SB429-Engrossed.html
12
SB 429/CSFA/2
Senate
Bill 429
By:
Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of
the 40th, Davis of the 22nd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating
to financial affairs relative to the General Assembly, so as to change certain
provisions relating to introduction of bills having significant impact upon
anticipated revenues or expenditures and furnishing of fiscal notes; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 28 of the Official Code of Georgia Annotated, relating to financial
affairs relative to the General Assembly, is amended by revising Code Section
28-5-42, relating to introduction of bills having significant impact upon
anticipated revenues or expenditures and furnishing of fiscal notes, as
follows:
"28-5-42.
(a)(1)
Any
general
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
or having a
significant impact on costs incurred by private employers in this state
shall be introduced no later than the
twentieth day of any session. The sponsor of such legislation must 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 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
or December 1,
as applicable, 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 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.
(b)
In the event any
general
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
general
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 a reliable estimate
in dollars of the anticipated change in revenue or expenditures under the
provisions of the
bill, along
with an estimate of costs of incurred by private employers in complying with the
bill. It shall also include a statement
as to the immediate effect and, if determinable or reasonably foreseeable, the
long-range effect of the measure. The fiscal note shall also set forth the
estimated savings to the state by enactment of such bill. 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 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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.