§ 14:46 — Preparation of Fiscal Notes

I. Fiscal impact notes shall be prepared by the legislative budget assistant with such assistance and data as he may require from any state agency, political subdivision, or any other source of data which he deems reliable, including but not limited to private individuals, corporations, and associations located within or without the state. He shall identify in the fiscal note the source or sources of the data.
II. Fiscal impact notes shall be prepared in accordance with the format developed by the legislative budget assistant.
III. The fiscal impact note shall include:
(a) An estimate of the anticipated impact of the bill on state or city or town or county fiscal liability or revenues, including any change in taxable valuation;
(b) Whether or not there is a federal mandate for a proposed program; and
(c) The impact on debt service for any bill which proposes additional bonded debt for capital projects including:
(1) The amount of all outstanding general fund bonded indebtedness on behalf of and incurred by the state during the last completed fiscal year; and
(2) A debt retirement schedule for all outstanding general fund bonded indebtedness including the bill's bonded indebtedness for the following 2 bienniums.
IV. The fiscal note for any bill with a fiscal impact shall be prepared and incorporated prior to the introduction of the bill or resolution.
V. A fiscal note may be requested after the introduction of a bill or resolution:
(a) If a majority of a committee to which is referred a bill or resolution not containing a fiscal note votes to have one prepared by the legislative budget assistant upon the motion of a member of said committee.
(b) If by a majority vote of those members present, a bill or resolution being considered on the floor of the house or senate is referred to the legislative budget assistant for the purpose of preparing a fiscal note. In such instances, the fiscal note shall be printed and distributed as are amendments to bills.
VI. The fiscal note for any bill with a fiscal impact on the corrections system shall include the estimated impact upon prosecution, incarceration, probation, and parole costs.
VII. (a) The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, or the minority leader of the senate may request the legislative budget assistant to prepare and include in the fiscal note a demographic analysis on bills and resolutions having an effect on the demographics of the state. Each requestor shall be entitled to no more than 5 such requests during each annual legislative session.
(b) When possible, the demographic analysis contained in a fiscal note pursuant to subparagraph (a) shall be prepared and incorporated prior to the introduction of the bill or resolution. The demographic analysis shall accompany the bill throughout its course of passage through the general court and to the governor for action and shall be amended as necessary to correct errors or to agree with substantive amendments to the bill.
(c) In preparation of demographic analyses required pursuant to subparagraph (a), the legislative budget assistant shall seek the assistance and data from the state demographer or may request assistance from any other source of data which is deemed reliable, including but not limited to private individuals, research and educational organizations, corporations, and associations located within or outside the state.

Legislative History

1979, 179:1. 1987, 122:1. 1991, 335:2. 1996, 159:2, eff. July 1, 1996. 2018, 162:3, eff. July 1, 2019.