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Regular Session, 2012
SENATE BILL NO. 328
BY SENATOR BROOME
LEGISLATION. Provides for poverty impact statements for proposed legislation. (1/1/13)
AN ACT1
To enact R.S. 24:603.2, relative to the legislation; to provide for poverty impact statements2
for certain legislative measures; to provide for the duties of the legislative fiscal3
office; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 24:603.2 is hereby enacted to read as follows: 6
ยง603.2. Poverty impact statements7
A. Each state department, agency, board, commission, or institution8
shall cooperate with and provide information requested by the legislative fiscal9
office in preparation of a poverty impact statement pursuant to Subsection B10
of this Section.11
B.(1) The author of a legislative measure may request the legislative12
fiscal office to prepare a poverty impact statement as part of the fiscal note for13
the measure introduced during any legislative session, if the measure has a14
potential impact on child, individual, or family poverty in relation to individual15
or community asset development domains such as any of the following:16
(a) Household income, assets, and financial security.17 SB NO. 328
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(b) Early childhood development and preschool through postsecondary1
education development.2
(c) Employment and workforce development.3
(d) Taxes and tax credits.4
(e) Child and dependent care, housing, health care, nutrition,5
transportation, and utilities assistance.6
(2) A statement shall include an estimate of any potential impact of the7
legislative measure.8
(3) The statement may include information about the data sources used9
to prepare the statement and a brief description of the data analysis that was10
made.11
(4) The legislative fiscal office shall be responsible for preparing the12
statement with existing resources and may collaborate with the appropriate13
state department, agency, board, commission, or institution. The legislative14
fiscal office may also work directly with the state demographer or any other15
nonpartisan objective analysts in preparing the statement.16
(5) The statement is intended to be a brief narrative.17
C. As used in this Section, unless the context otherwise requires:18
(1) "Capability approach index" means a measure of the economic19
capabilities of a population that uses a methodology similar to that used in the20
development of the human development index.21
(2) "Federal poverty line" means the poverty guidelines updated22
periodically in the federal register by the United States Department of Health23
and Human Services under the authority of 42 U.S.C. 9902 (2).24
(3) "Potential impact" means an assessment as to how implementation25
of a legislative measure would affect access to basic human services, including,26
but not limited to, health care, housing, and education. "Potential impact" also27
means any qualitative or quantitative analysis of the effect of a legislative28
measure on child, individual, or family poverty in relation to the domains29 SB NO. 328
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words in boldface type and underscored are additions.
specified in Subparagraphs (1)(a) through (e) of Subsection B. If a quantitative1
analysis is made, the analysis may be made by using poverty measures.2
(4) "Poverty" means living at or below one hundred percent of the3
federal poverty line.4
(5) "Poverty measures" may include the federal poverty line, the5
self-sufficiency standard, a supplemental poverty measure, or other measures6
including a capability approach index, or a ranking of other Louisiana social7
determinants that may be used by departments, agencies, or institutions of the8
state in evaluating the outcomes and effectiveness of public policies.9
(6) "Self-sufficiency standard" means a measure of the income needed10
by a family of a given composition in a given place to adequately meet its basic11
needs without public or private assistance.12
(7) "Statement" means a poverty impact statement as provided for in13
this Section.14
D. In addition, the chairman of the committee to which such legislative15
measure is referred may request such a statement from the legislative fiscal16
officer immediately upon referral of the measure and the secretary of the Senate17
and the clerk of the House of Representatives may request such a statement18
upon introduction of the measure.19
E. Whenever any committee of either house reports a legislative measure20
with an amendment which alters the poverty impact effect of the measure, there21
shall be attached to the reported measure a fiscal note delineating the poverty22
impact effect of the change proposed by the amendment. The committee23
chairman shall request such note from the legislative fiscal office. In like24
manner, whenever a floor amendment which would alter the poverty impact25
effect of the measure is proposed without a fiscal note containing the poverty26
impact effect of such amendment attached thereto, any member of the house in27
question may offer a motion that the amendment be withdrawn. The28
amendment may be proposed again at any time it would otherwise be in order,29 SB NO. 328
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provided that the required fiscal note is attached. It shall be the responsibility1
of the member proposing such a floor amendment to secure any required fiscal2
note from the legislative fiscal office either directly or through the staff of the3
house in which the member serves.4
F. Whenever a measure requiring a poverty impact statement in the5
fiscal note has been reported by any committee of either house of the legislature6
without a fiscal note, any member may, on third reading of such measure, offer7
a motion that the measure be returned to the calendar.8
Section 2. This Act shall become effective on January 1, 2013.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Proposed law provides for poverty impact statements to be prepared by the Legislative Fiscal
Office (LFO) for certain legislative measures.
Proposed law requires that each state department, agency, board, commission, or institution
cooperate with and provide information requested by the LFO in preparation of a poverty
impact statement.
Proposed law provides that the author of a legislative measure may request the LFO to
prepare a poverty impact statement as part of the fiscal note for the measure introduced
during any legislative session, if the measure has a potential impact on child, individual, or
family poverty in relation to individual or community asset development domains such as
any of the following:
1. Household income, assets, and financial security.
2. Early childhood development and preschool through postsecondary education
development.
3. Employment and workforce development.
4. Taxes and tax credits.
5. Child and dependent care, housing, health care, nutrition, transportation, and utilities
assistance.
Proposed law requires that a statement include an estimate of any potential impact of the
measure.
Proposed law provides that the statement may include information about the data sources
used to prepare the statement and a brief description of the data analysis that was made.
Proposed law provides that the LFO is responsible for preparing the statement with existing
resources and may collaborate with the appropriate state department, agency, board,
commission, or institution. The LFO may also work directly with the state demographer or SB NO. 328
SLS 12RS-693 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
any other nonpartisan objective analysts in preparing the statement.
Proposed law provides that the statement is intended to be a brief narrative.
Proposed law contains the following definitions:
1. "Capability approach index" means a measure of the economic capabilities of a
population that uses a methodology similar to that used in the development of the
human development index.
2. "Federal poverty line" means the poverty guidelines updated periodically in the
federal register by the U.S. Department of Health and Human Services.
3. "Potential impact" means an assessment as to how implementation of a legislative
measure would affect access to basic human services, including, but not limited to,
health care, housing, and education. "Potential impact" also means any qualitative
or quantitative analysis of the effect of a legislative measure on child, individual, or
family poverty in relation to the domains specified. If a quantitative analysis is
made, the analysis may be made by using poverty measures.
4. "Poverty" means living at or below 100% of the federal poverty line.
5. "Poverty measures" may include the federal poverty line, the self-sufficiency
standard, a supplemental poverty measure, or other measures including a capability
approach index, or a ranking of other Louisiana social determinants that may be used
by departments, agencies, or institutions of the state in evaluating the outcomes and
effectiveness of public policies.
6. "Self-sufficiency standard" means a measure of the income needed by a family of a
given composition in a given place to adequately meet its basic needs without public
or private assistance.
Proposed law provides that the chairman of the committee to which such legislative measure
is referred may request such a statement from the LFO immediately upon referral of the
measure and the Senate secretary and the House clerk may request such a statement upon
introduction of the measure.
Proposed law provides that whenever any committee of either house reports a legislative
measure with an amendment which alters the poverty impact effect of the measure, there
shall be attached to the reported measure a fiscal note delineating the poverty impact effect
of the change proposed by the amendment. Requires that the committee chairman request
such note from the LFO. In like manner, whenever a floor amendment which would alter the
poverty impact effect of the measure is proposed without a fiscal note containing the poverty
impact effect of such amendment attached thereto, any member of the house in question may
offer a motion that the amendment be withdrawn. Provides that the amendment may be
proposed again at any time it would otherwise be in order, provided that the required fiscal
note is attached. Provides that it is the responsibility of the member proposing such a floor
amendment to secure any required fiscal note from the LFO either directly or through the
staff of the house in which the member serves.
Proposed law provides that whenever a measure requiring a poverty impact statement in the
fiscal note has been reported by any committee of either house of the legislature without a
fiscal note, any member may, on third reading of such measure, offer a motion that the
measure be returned to the calendar.
Effective January 1, 2013.
(Adds R.S. 24:603.2)