Title 28, Chapter 5, Section 42
( 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
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 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 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 legislative budget analyst. 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. 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 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. |