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Regular Session, 2010
HOUSE RESOLUTION NO. 12
BY REPRESENTATIVE ABRAMSON
HOUSE/RULES: Creates and provides for the Fiscal Note Review Committee
A RESOLUTION1
To amend and readopt House Rule 7.6(A) of the Rules of Order of the House of2
Representatives, relative to fiscal notes; to create and provide for the Fiscal Note3
Review Committee; and to provide relative to procedure when questions arise4
regarding the content of a fiscal note on a legislative instrument.5
BE IT RESOLVED by the House of Representatives of the Legislature of Louisiana6
that House Rule 7.6(A) of the Rules of Order of the House of Representatives is hereby7
amended and readopted to read as follows:8
Rule 7.6. Fiscal notes; requirement; capital outlay appropriations, amendments9
A.(1) Every bill, joint resolution, and simple or concurrent resolution, which10
will affect the receipt, expenditure, or allocation of state funds in an amount of one11
hundred thousand dollars or greater in any fiscal year or of the funds of any political12
subdivision of the state in an amount of one hundred thousand dollars or greater in13
any fiscal year or which will authorize the issuance of general obligation bonds or14
other general obligations of the state shall have a fiscal note attached to it prior to its15
adoption or its consideration on final passage. Whenever a measure which affects16
the receipt, expenditure, or allocation of state funds in an amount of one hundred17
thousand dollars or greater in any fiscal year or of the funds of any political18
subdivision of the state in an amount of one hundred thousand dollars or greater in19
any fiscal year or which will authorize the issuance of general obligation bonds or20 HLS 10RS-652 ENGROSSED
HR NO. 12
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other general obligations of the state has been reported by any committee of the1
House without a fiscal note filed with the Clerk, or which needs a revised fiscal note2
prepared and filed with the Clerk due to the adoption of committee amendments, the3
Clerk shall request a fiscal note on the measure be so prepared and filed. The4
determination of the need to obtain a fiscal note shall be made by the Clerk, with due5
consideration of the recommendation of House Legislative Services staff. If upon6
the measure being called for final passage or final consideration a current fiscal note7
has not been filed with the Clerk, the measure shall be returned to the calendar.8
(2)(a) There is hereby created the Fiscal Note Review Committee which9
shall be composed of three members of the House of Representatives appointed by10
the Speaker of the House.11
(b) Whenever the author of a measure questions the information contained12
in a fiscal note on the measure, he may request the Fiscal Note Review Committee13
to review the content of the fiscal note. When the Fiscal Note Review Committee14
receives a request from an author, it shall review the fiscal note and shall notify the15
author whether the committee approves the information contained within the fiscal16
note or recommends that a revised fiscal note be obtained.17
(c) Whenever a committee of the House, by majority vote, questions the18
information contained in a fiscal note on a measure which has been referred to the19
committee, the measure shall not be reported by the committee until the Fiscal Note20
Review Committee has reviewed the content of the fiscal note and approved the21
information contained within the fiscal note or until a revised fiscal note has been22
obtained and approved by the Fiscal Note Review Committee.23
(d) Whenever the House, by majority vote, questions the information24
contained in a fiscal note on a measure in its possession, the measure shall be25
returned to the calendar until the Fiscal Note Review Committee has reviewed the26
content of the fiscal note and approved the information contained within the fiscal27
note or until a revised fiscal note has been obtained and approved by the Fiscal Note28
Review Committee.29 HLS 10RS-652 ENGROSSED
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(e) When the Fiscal Note Review Committee receives a request to review a1
fiscal note pursuant to this Paragraph, the Fiscal Note Review Committee shall2
review and make a determination regarding the fiscal note no later than three days3
after receipt of the request. If the Fiscal Note Review Committee fails to make a4
determination regarding the fiscal note within the time period provided in this5
Subparagraph, the fiscal note is deemed approved.6
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HR No. 12
Abstract: Provides for and creates the Fiscal Note Review Committee (composed of 3
members appointed by the Speaker) to review the content of fiscal notes when a
question arises about the information in a fiscal note and either approve it or obtain
and approve a revised note.
Present House Rule provides that every legislative instrument which will affect the receipt,
expenditure, or allocation of state funds in an amount of $100,000 or greater in any fiscal
year or of the funds of any political subdivision of the state in an amount of $100,000 or
greater in any fiscal year or which will authorize the issuance of general obligation bonds
or other general obligations of the state shall have a fiscal note attached to it prior to its
adoption or its consideration on final passage. Requires, whenever such a legislative
instrument has been reported by any committee of the House without a fiscal note filed with
the Clerk, or which needs a revised fiscal note prepared and filed with the Clerk due to the
adoption of committee amendments, the Clerk to request a fiscal note be so prepared and
filed. Specifies that a determination of the need to obtain a fiscal note shall be made by the
Clerk, with due consideration of the recommendation of House Legislative Services staff.
Requires the instrument to be returned to the calendar, if when it's called for final passage
or final consideration, a current fiscal note has not been filed. Requires legislative
instruments which appropriate monies for capital outlay purposes to have a fiscal note
attached and requires the worksheet of the fiscal note attached to those instruments to
include a feasibility study and needs assessment as required by present law (R.S. 39:101).
Further provides that if an actuarial note is required by present law (R.S. 24:521), the
actuarial note shall serve as the fiscal note.
Proposed House Rule retains present House Rule and creates the Fiscal Note Review
Committee (review committee) composed of three members of the House appointed by the
Speaker. Provides that whenever:
(1)An author questions the information contained in a fiscal note on his instrument, he
may request the review committee to review the note. Provides for the review
committee to notify the author whether it approves the information or recommends
that a revised fiscal note be obtained.
(2)A House committee, by majority vote, questions the information contained in a fiscal
note on an instrument referred to the committee, the instrument shall not be reported HLS 10RS-652 ENGROSSED
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by the committee until the review committee has approved the fiscal note or obtained
and approved a revised fiscal note.
(3)The House, by majority vote, questions the information contained in a fiscal note on
an instrument in its possession, the instrument shall be returned to the calendar until
the review committee has approved the fiscal note or obtained and approved a
revised fiscal note
Proposed House Rule further provides that when the review committee receives a request
to review a fiscal note, it shall review and make a determination regarding the fiscal note no
later than three days after receipt of the request. Further provides that if the review
committee fails to make a determination within the time period, the fiscal note is deemed
approved.
(Amends House Rule 7.6(A))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original resolution.
1. Provided for the review committee to make a determination regarding a fiscal
note no later than three days after receipt of the request and provided that if it
fails to make a determination within the time period, the fiscal note is deemed
approved.