Fiscal notes required forlegislation--exceptions--contents--interference with staffprohibited--cooperation of agencies--changes in fiscal notes,hearings, procedure.
23.140. 1. Legislation, with the exception of appropriation bills,introduced into either house of the general assembly shall, before beingacted upon, be submitted to the oversight division of the committee onlegislative research for the preparation of a fiscal note. The staff ofthe oversight division shall prepare a fiscal note, examining the itemscontained in subsection 2 and such additional items as may be providedeither by joint rule of the house and senate or by resolution adopted bythe committee or the oversight subcommittee.
2. The fiscal note shall state:
(1) The cost of the proposed legislation to the state for the nexttwo fiscal years;
(2) Whether or not the proposed legislation will establish a programor agency that will duplicate an existing program or agency;
(3) Whether or not there is a federal mandate for the program oragency;
(4) Whether or not the proposed program or agency will havesignificant direct fiscal impact upon any political subdivision of thestate;
(5) Whether or not any new physical facilities will be required; and
(6) Whether or not the proposed legislation will have an economicimpact on small businesses. For the purpose of this subdivision "smallbusiness" means a corporation, partnership, sole proprietorship or otherbusiness entity, including its affiliates, that:
(a) Is independently owned and operated; and
(b) Employs fifty or fewer full-time employees.
3. The fiscal note for a bill shall accompany the bill throughout itscourse of passage. No member of the general assembly, lobbyist or personsother than oversight division staff members shall participate in thepreparation of any fiscal note unless the communication is in writing, witha duplicate to be filed with the fiscal note or unless requested forinformation by the fiscal analyst preparing the note. Violations of thisprovision shall be reported to the chairman of the legislative researchcommittee and subject the fiscal note and proposed bill to subcommitteereview. Once a fiscal note has been signed and approved by the director ofthe oversight division, the note shall not be changed or revised withoutprior approval of the chairman of the legislative research committee,except to reflect changes made in the bill it accompanies, or to correctpatent typographical, clerical or drafting errors that do not involvechanges of substance, nor shall substitution be made therefor. Appeals torevise, change or to substitute a fiscal note shall be made in writing by amember of the general assembly to the chairman of the legislative researchcommittee and a hearing before the committee or subcommittee shall begranted as soon as possible. Any member of the general assembly, uponpresentation of new or additional material, may, within three legislativedays after the hearing on the request to revise, change or substitute afiscal note, request one rehearing before the full committee to furtherconsider the requested change. The subcommittee, if satisfied that new oradditional material has been presented, may recommend such rehearing to thefull committee, and the rehearing shall be held as soon as possiblethereafter.
4. The director of the division, hereinafter provided for, or thedirector's designees, shall seek information and advice from the affecteddepartment, division or agency of state government and shall call upon theresearch staffs of the house of representatives and of the senate, and uponthe staffs of the house and senate appropriations committees for assistancein carrying out fiscal notes and auditing functions and duties, during theinterim, and each staff shall supply such information or advice as it maypossess in response to the inquiry. The state auditor shall, upon request,cooperate and provide assistance in the conduct of audits and thepreparation of reports made in connection therewith.
Fiscal notes required forlegislation--exceptions--contents--interference with staffprohibited--cooperation of agencies--changes in fiscal notes,hearings, procedure.
23.140. 1. Legislation, with the exception of appropriation bills,introduced into either house of the general assembly shall, before beingacted upon, be submitted to the oversight division of the committee onlegislative research for the preparation of a fiscal note. The staff ofthe oversight division shall prepare a fiscal note, examining the itemscontained in subsection 2 and such additional items as may be providedeither by joint rule of the house and senate or by resolution adopted bythe committee or the oversight subcommittee.
2. The fiscal note shall state:
(1) The cost of the proposed legislation to the state for the nexttwo fiscal years;
(2) Whether or not the proposed legislation will establish a programor agency that will duplicate an existing program or agency;
(3) Whether or not there is a federal mandate for the program oragency;
(4) Whether or not the proposed program or agency will havesignificant direct fiscal impact upon any political subdivision of thestate;
(5) Whether or not any new physical facilities will be required; and
(6) Whether or not the proposed legislation will have an economicimpact on small businesses. For the purpose of this subdivision "smallbusiness" means a corporation, partnership, sole proprietorship or otherbusiness entity, including its affiliates, that:
(a) Is independently owned and operated; and
(b) Employs fifty or fewer full-time employees.
3. The fiscal note for a bill shall accompany the bill throughout itscourse of passage. No member of the general assembly, lobbyist or personsother than oversight division staff members shall participate in thepreparation of any fiscal note unless the communication is in writing, witha duplicate to be filed with the fiscal note or unless requested forinformation by the fiscal analyst preparing the note. Violations of thisprovision shall be reported to the chairman of the legislative researchcommittee and subject the fiscal note and proposed bill to subcommitteereview. Once a fiscal note has been signed and approved by the director ofthe oversight division, the note shall not be changed or revised withoutprior approval of the chairman of the legislative research committee,except to reflect changes made in the bill it accompanies, or to correctpatent typographical, clerical or drafting errors that do not involvechanges of substance, nor shall substitution be made therefor. Appeals torevise, change or to substitute a fiscal note shall be made in writing by amember of the general assembly to the chairman of the legislative researchcommittee and a hearing before the committee or subcommittee shall begranted as soon as possible. Any member of the general assembly, uponpresentation of new or additional material, may, within three legislativedays after the hearing on the request to revise, change or substitute afiscal note, request one rehearing before the full committee to furtherconsider the requested change. The subcommittee, if satisfied that new oradditional material has been presented, may recommend such rehearing to thefull committee, and the rehearing shall be held as soon as possiblethereafter.
4. The director of the division, hereinafter provided for, or thedirector's designees, shall seek information and advice from the affecteddepartment, division or agency of state government and shall call upon theresearch staffs of the house of representatives and of the senate, and uponthe staffs of the house and senate appropriations committees for assistancein carrying out fiscal notes and auditing functions and duties, during theinterim, and each staff shall supply such information or advice as it maypossess in response to the inquiry. The state auditor shall, upon request,cooperate and provide assistance in the conduct of audits and thepreparation of reports made in connection therewith.
Fiscal notes required forlegislation--exceptions--contents--interference with staffprohibited--cooperation of agencies--changes in fiscal notes,hearings, procedure.
23.140. 1. Legislation, with the exception of appropriation bills,introduced into either house of the general assembly shall, before beingacted upon, be submitted to the oversight division of the committee onlegislative research for the preparation of a fiscal note. The staff ofthe oversight division shall prepare a fiscal note, examining the itemscontained in subsection 2 and such additional items as may be providedeither by joint rule of the house and senate or by resolution adopted bythe committee or the oversight subcommittee.
2. The fiscal note shall state:
(1) The cost of the proposed legislation to the state for the nexttwo fiscal years;
(2) Whether or not the proposed legislation will establish a programor agency that will duplicate an existing program or agency;
(3) Whether or not there is a federal mandate for the program oragency;
(4) Whether or not the proposed program or agency will havesignificant direct fiscal impact upon any political subdivision of thestate;
(5) Whether or not any new physical facilities will be required; and
(6) Whether or not the proposed legislation will have an economicimpact on small businesses. For the purpose of this subdivision "smallbusiness" means a corporation, partnership, sole proprietorship or otherbusiness entity, including its affiliates, that:
(a) Is independently owned and operated; and
(b) Employs fifty or fewer full-time employees.
3. The fiscal note for a bill shall accompany the bill throughout itscourse of passage. No member of the general assembly, lobbyist or personsother than oversight division staff members shall participate in thepreparation of any fiscal note unless the communication is in writing, witha duplicate to be filed with the fiscal note or unless requested forinformation by the fiscal analyst preparing the note. Violations of thisprovision shall be reported to the chairman of the legislative researchcommittee and subject the fiscal note and proposed bill to subcommitteereview. Once a fiscal note has been signed and approved by the director ofthe oversight division, the note shall not be changed or revised withoutprior approval of the chairman of the legislative research committee,except to reflect changes made in the bill it accompanies, or to correctpatent typographical, clerical or drafting errors that do not involvechanges of substance, nor shall substitution be made therefor. Appeals torevise, change or to substitute a fiscal note shall be made in writing by amember of the general assembly to the chairman of the legislative researchcommittee and a hearing before the committee or subcommittee shall begranted as soon as possible. Any member of the general assembly, uponpresentation of new or additional material, may, within three legislativedays after the hearing on the request to revise, change or substitute afiscal note, request one rehearing before the full committee to furtherconsider the requested change. The subcommittee, if satisfied that new oradditional material has been presented, may recommend such rehearing to thefull committee, and the rehearing shall be held as soon as possiblethereafter.
4. The director of the division, hereinafter provided for, or thedirector's designees, shall seek information and advice from the affecteddepartment, division or agency of state government and shall call upon theresearch staffs of the house of representatives and of the senate, and uponthe staffs of the house and senate appropriations committees for assistancein carrying out fiscal notes and auditing functions and duties, during theinterim, and each staff shall supply such information or advice as it maypossess in response to the inquiry. The state auditor shall, upon request,cooperate and provide assistance in the conduct of audits and thepreparation of reports made in connection therewith.
