MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Rules

By: Senator(s) Blount, Brown, Bryan, Clarke, Burton

Senate Concurrent Resolution 612

A CONCURRENT RESOLUTION TO AMEND JOINT RULE 20 TO REQUIRE A FISCAL NOTE ON ANY BILL INCREASING OR DECREASING THE REVENUE OF THE STATE UPON THE REQUEST OF ANY MEMBER AND TO PROVIDE THAT CONSIDERATION OF THE BILL CANNOT PROCEED WITHOUT SUCH FISCAL NOTE UNLESS 2/3 OF THAT HOUSE VOTE TO DISPENSE.

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That Joint Rule No. 20 is amended to read as follows:

     20.  Every bill and concurrent resolution, the purpose or effect of which is to * * * expend any state funds or enable the spending of any state funds or to increase or decrease the revenue of the state, either directly or indirectly, shall have attached to it at the time of its being reported by any committee of either house of the Legislature a brief explanatory statement or note which shall include a reliable estimate of the anticipated change in state * * * expenditures revenues under its provisions.  These statements or notes shall be known as fiscal notes.  They shall be attached to the original of each proposed bill or resolution but shall be separate therefrom, shall be clearly designated as a fiscal note, and shall not constitute a part of the law proposed by the bill or resolution.

     The author of each bill or any committee considering same shall present a copy of the bill or resolution, with his request for a fiscal note, to either the Legislative Budget Office, the Department of Finance and Administration, the * * * State Tax Commission Department of Revenue, the State Auditor, the state agency with which the bill or resolution is concerned, the state agency having jurisdiction over the subject of the bill or resolution, the Joint Committee on Performance Evaluation and Expenditure Review, or the Legislative Reference Bureau.  The fiscal note shall be prepared by the commission or agency and furnished to the author of the bill or committee considering same within seven (7) days after the request is made.  If the author of, or committee considering, the bill disagrees with the findings of the agency or agencies, then the author or committee may also attach and furnish a fiscal note, based upon his or its information, research, study and belief which shall then be incorporated in and become a part of the fiscal note.  If the appropriate agency does not furnish a fiscal note, after seven (7) days’ request, then the author or committee may furnish the fiscal note, based upon his or its information, research, study and belief.  If, after careful investigation, it is determined that no dollar estimate is possible, the note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given.  No comment or opinion shall be included in the fiscal note with regard to the merit, or lack thereof, of the measure for which the note is prepared.

 * * *Whenever the author of any measure or the committee considering same is of the opinion that no fiscal note is necessary and the measure is considered by either house of the Legislature without a fiscal note, any member of either house may thereafter request a fiscal note be obtained, and in such case the matter shall be decided by majority vote of those present and voting in the house of which he is a member. Any member may request a fiscal note and no measure may be considered without such fiscal note unless two-thirds (2/3) members present and voting in the house of which he is a member vote to dispense with said requirement.

     This rule shall not apply to general appropriations bills, * * * conference reports and local and private bills.