§ 120-36.7. Long-term fiscal notes.
§120‑36.7. Long‑term fiscal notes.
(a) Budget Outlook;Proposed Legislation. Every fiscal analysis of the State budget outlook shallencompass the upcoming five‑year period. Every fiscal analysis of theimpact of proposed legislation on the State budget shall estimate the impactfor the first five fiscal years the legislation would be in effect.
(b) Proposed StateBuildings. Upon the request of a member of the General Assembly, the FiscalResearch Division shall prepare a fiscal analysis of proposed legislation toappropriate funds for a State building. The analysis shall estimate theprojected maintenance and operating costs of the building for the first 20fiscal years after it is completed.
(c) Proposed NewPrograms. Upon the request of a member of the General Assembly, the FiscalResearch Division shall prepare a fiscal analysis of proposed legislation tocreate a new State program. The analysis shall identify and estimate allpersonnel costs of the proposed new program for the first five fiscal years itwill operate. The analysis shall also include a five‑year estimate ofspace requirements, an indication of whether those requirements can besatisfied using existing State‑owned facilities, and estimated costs ofoccupying leased space where State‑owned space is not available.
(d) Proposed Increasesin Incarceration. Every bill and resolution introduced in the GeneralAssembly proposing any change in the law that could cause a net increase in thelength of time for which persons are incarcerated or the number of personsincarcerated, whether by increasing penalties for violating existing laws, bycriminalizing behavior, or by any other means, shall have attached to it at thetime of its consideration by the General Assembly a fiscal note prepared by theFiscal Research Division. The fiscal note shall be prepared in consultationwith the Sentencing Policy and Advisory Commission and shall identify andestimate, for the first five fiscal years the proposed change would be ineffect, all costs of the proposed net increase in incarceration, includingcapital outlay costs if the legislation would require increased cell space. If, after careful investigation, the Fiscal Research Division determines thatno dollar estimate is possible, the note shall contain a statement to thateffect, setting forth the reasons why no dollar estimate can be given. Nocomment or opinion shall be included in the fiscal note with regard to themerits of the measure for which the note is prepared. However, technical and mechanicaldefects may be noted.
The sponsor of each bill orresolution to which this subsection applies shall present a copy of the bill orresolution with the request for a fiscal note to the Fiscal Research Division. Upon receipt of the request and the copy of the bill or resolution, the FiscalResearch Division shall prepare the fiscal note as promptly as possible. TheFiscal Research Division shall prepare the fiscal note and transmit it to thesponsor within two weeks after the request is made, unless the sponsor agreesto an extension of time.
This fiscal note shall beattached to the original of each proposed bill or resolution that is reportedfavorably by any committee of the General Assembly, but shall be separate fromthe bill or resolution and shall be clearly designated as a fiscal note. Afiscal note attached to a bill or resolution pursuant to this subsection is nota part of the bill or resolution and is not an expression of legislative intentproposed by the bill or resolution.
If a committee of the GeneralAssembly reports favorably a proposed bill or resolution with an amendment thatproposes a change in the law that could cause a net increase in the length oftime for which persons are incarcerated or the number of persons incarcerated,whether by increasing penalties for violating existing laws, by criminalizingbehavior, or by any other means, the chair of the committee shall obtain fromthe Fiscal Research Division and attach to the amended bill or resolution afiscal note as provided in this section. (1991, c. 689, s. 340; 1993,c. 561, s. 21.)