fiscal notes; fiscal note
act
HB 2597 requires the Joint Legislative Budget Committee (JLBC) to prepare fiscal notes for all bills and amendments that would effect the receipt, expenditure or allocation of state or local monies.
The
16 legislative members of JLBC are required to ascertain facts and make
recommendations to the Legislature regarding the state budget, revenues and
expenditures of the state, and future fiscal needs. JLBC also reports on the
organization and functions of state agencies or their divisions. Finally, JLBC is required to implement a
system of fiscal notes to assess the fiscal impact, of proposed legislation, on
cities counties and all other political subdivisions of the state.
· Requires every bill, that would affect the receipt, expenditure or allocation of state or local monies, either directly or indirectly, to have a fiscal note prior to its consideration in any committee.
· Requires an amendment that alters the fiscal effects of the bill to have a fiscal note to delineate the full impact of the proposed modifications.
· Requires any bill concerning any program wholly or partially funded by federal monies that involves an expenditure of state monies or any legislative appropriation contain a fiscal note with the following:
· The immediate and long-range fiscal effect on the state of such a program
· The length of time federal monies are to be provided
· The probable amount of state monies required to continue the program.
· States that fiscal notes are not required for the general appropriations bill, any bill that appropriates a specific amount or any bill affecting state monies for retirement purposes.
· Stipulates that a fiscal note must include a reliable estimate of the fiscal impact of the bill and must not contain reference to the merits of the bill.
· Establishes the following procedure for preparation of fiscal notes:
· The prime sponsor of a bill that requires a fiscal note is responsible for obtaining the required note from the budget analyst.
· The budget analyst is responsible for obtaining the information necessary to compete the fiscal note from the agency best suited to furnish the information, preparing the fiscal note in quintuplicate, and transmitting it to the prime sponsor of the bill. The budget analyst must prepare and distribute to the agency, which is providing information, a fiscal note form consisting of a work sheet and a fiscal effect form.
· The fiscal effect form must provide an estimate in dollars of the immediate and long-range fiscal effect of the bill, or if no dollar estimate is possible, the fiscal note shall outline the reason for the lack of a dollar estimate.
· The worksheet must include a breakdown of the costs that the bill is expected to cause.
· The agency is required to submit the information in quintuplicate to the budget analyst within 24 hours unless granted an extension for good and appropriate cause from the budget analyst. The budget analyst must keep the fiscal note prepared by the agency and transmit a copy to the prime sponsor and any other person on request.
· Allows any member to offer a motion to withdraw any floor amendment that alters the fiscal effect of the bill and does not have a fiscal note attached
· Allows any member to offer a motion to return a bill reported by a committee without a fiscal note to the calendar.
· States that a fiscal note does not constitute a legal attachment of the proposed bill.
· States that agencies involved in the preparation of information for a fiscal note shall keep in strict confidence the subject matter of the proposed bill and the information contained in the fiscal note before the filing or prefiling of the bill with the chief clerical officer of the respective house. Any person who does not adhere to this requirement is guilty of a Class 3 misdemeanor.
---------- DOCUMENT FOOTER ---------
45th Legislature
Second Regular Session 3 March
8, 2002
---------- DOCUMENT FOOTER ---------