SLS 11RS-450 ORIGINAL Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2011 SENATE CONCURRENT RESOLUTI ON NO. 10 BY SENATOR BROOME JOINT RULES. Requires a poverty impact statement in the fiscal note of legislation with significant fiscal effect. A CONCURRENT RESOLUTI ON1 To adopt Joint Rule No. 5 of the Joint Rules of Order of the Senate and House of2 Representatives to provide for the inclusion of poverty impact statements in fiscal3 notes of legislation with significant fiscal effect.4 BE IT RESOLVED by the Legislature of Louisiana that Joint Rule No. 5 of the Joint5 Rules of Order of the Senate and House of Representatives is adopted to read as follows:6 Joint Rule No. 5. Poverty Impact Statements7 A.(1) Any fiscal note, as defined in this Rule, shall include a poverty8 impact statement.9 (2) The statement shall include:10 (a) A projected ratio equal to the amount of fiscal effect of the bill or11 joint resolution that will benefit individuals and families below the poverty12 threshold over the total fiscal effect of the bill or joint resolution.13 (b) A projection of the number of individual and family incomes that14 may decrease below the poverty threshold because of the bill or joint resolution15 and that may increase above the poverty threshold because of the bill or joint16 resolution.17 SCR NO. 10 SLS 11RS-450 ORIGINAL Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (c) A projection as to how the legislation improves access to basic human1 services, including health care, housing, and education.2 (3) Unless the context requires otherwise, when used in this Rule:3 (a) "Fiscal note" means the note provided for and prepared pursuant to4 Joint Rule No. 4 for a legislative instrument with either (i) an estimated fiscal5 cost of one hundred thousand dollars or more annually in any one of the three6 ensuing fiscal years or with a fiscal cost which, although unspecified in the fiscal7 note, is indicated in the fiscal note to likely exceed one hundred thousand dollars8 annually in any of the three ensuing fiscal years, or (ii) an estimated net9 decrease in taxes or fees or increase in taxes or fees of five hundred thousand10 dollars or more annually in any one of the three ensuing fiscal years or with an11 increase which, although unspecified in the fiscal note, is indicated in the fiscal12 note to likely exceed five hundred thousand dollars annually in any of the three13 ensuing fiscal years.14 (b) "Poverty threshold" means an income level below two hundred15 percent of the federal poverty line as defined in Section 673(2) of the16 Community Services Block Grant Act.17 (c) "Statement" means the poverty impact statement provided for in18 this Rule.19 (4) A poverty impact statement shall not constitute a part of the law20 proposed by the measure to which it is attached.21 (5) The poverty impact statement shall be factual, brief, and concise. The22 statement shall not contain reference to the merits of the measure.23 (6) The name of the agency or political subdivision or agency thereof24 furnishing the information required shall appear at the end of the statement.25 If a discrepancy exists between the statement and the information provided by26 the agency pertaining to the statement, then the information as submitted by the27 agency shall be included with the statement.28 B. Whenever a measure requiring a poverty impact statement has been29 SCR NO. 10 SLS 11RS-450 ORIGINAL Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. reported by any committee of either house of the legislature without a1 statement, any member may, on third reading of such measure, offer a motion2 that the measure be returned to the calendar.3 C. Agencies or political subdivisions and agencies thereof involved in the4 preparation of the required information for a poverty impact statement shall5 keep in strict confidence the subject matter of the proposed measure and the6 information contained in the poverty impact statement prior to the filing or7 prefiling of such measure with the chief clerical officer of the respective house.8 D. A poverty impact statement shall not be required for the General9 Appropriation Bill and the Capital Outlay Bill, any bill which only appropriates10 funds to satisfy judgments against the state, or for any measure affecting funds11 for retirement purposes.12 The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Jerry J. Guillot. DIGEST Broome SCR No. Proposed Joint Rule provides for poverty impact statements. Proposed rule provides that fiscal note for a bill and joint resolution include a poverty impact statement. Defines "fiscal note" for the purpose of proposed rule as the note provided for and prepared pursuant to Joint Rule No. 4 for a legislative instrument with either an estimated fiscal cost of $100,000 or more annually in any one of the three ensuing fiscal years or with a fiscal cost which, although unspecified in the fiscal note, is indicated in the fiscal note to likely exceed $100,000 annually in any of the three ensuing fiscal years, or with an estimated net decrease in taxes or fees or increase in taxes or fees of $500,000 or more annually in any one of the three ensuing fiscal years or with an increase which, although unspecified in the fiscal note, is indicated in the fiscal note to likely exceed $500,000 annually in any of the three ensuing fiscal years. Proposed rule provides that the statement shall include: (1)A projected ratio equal to the amount of fiscal effect of the bill or joint resolution that will benefit individuals and families below the poverty threshold over the total fiscal effect of the bill or joint resolution. (2)A projection of the number of individual and family incomes that may decrease below the poverty threshold because of the bill or joint resolution and that may increase above the poverty threshold because of the bill or joint resolution. Defines "poverty threshold" as an income level below two hundred percent of the federal poverty line as defined in Section 673(2) of the Community Services Block Grant Act. (3)A projection as to how the legislation improves access to basic human services, SCR NO. 10 SLS 11RS-450 ORIGINAL Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. including health care, housing, and education. Provides that a poverty impact statement shall not constitute a part of the law proposed by the measure to which it is attached. Requires that the statement be factual, brief, and concise. The statement shall not contain reference to the merits of the measure. Provides that the name of the agency or political subdivision or agency thereof furnishing the information required shall appear at the end of the statement. If a discrepancy exists between the statement and the information provided by the agency pertaining to the statement, then the information as submitted by the agency shall be included with the statement. Provides that whenever a measure requiring a poverty impact statement has been reported by any committee of either house of the legislature without a statement, any member may, on third reading of such measure, offer a motion that the measure be returned to the calendar. Requires that agencies or political subdivisions and agencies thereof involved in the preparation of the required information for a poverty impact statement keep in strict confidence the subject matter of the proposed measure and the information contained in the poverty impact statement prior to the filing or prefiling of such measure with the chief clerical officer of the respective house. Provides that a poverty impact statement shall not be required for the General Appropriation Bill and the Capital Outlay Bill, any bill which only appropriates funds to satisfy judgments against the state, or for any measure affecting funds for retirement purposes. (Adds Jt. Rule 5)