HB0544/SBSB1293 – Creates an appeal process for fiscal notes perceived as unrealistic – Daniel/Pody
This bill requires the fiscal review committee ("FRC"), or a subcommittee of the FRC, to consider and determine appeals of fiscal notes for bills and fiscal memos for amendments. This bill requires the FRC to develop and adopt a formal, written, accurate, and fair procedure for appeals of fiscal notes and memos that includes:
(1) The requirements for filing an appeal and the time for consideration of the appeal;
(2) The burden of proof between the office of fiscal review and the legislative member;
(3) The right to offer written and oral arguments in connection with the appeal;
(4) The number of fiscal notes and memos that may be appealed by a member in any session; provided, that the number of fiscal notes and memos that may be appealed by a member must be no less than one per session; and
(5) The time for issuing an order on the appeal.
ON MARCH 14, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 544, AS AMENDED.
AMENDMENT #1 clarifies that the minimum number of notes that may be appealed is one per "year" instead of per "session."
Favor: We recognize that there are bills that should be passed but for unreasonable and unrealistic fiscal notes placed on them. This is a tool for certain members of leadership to kill bills they would rather not be passed into law. This appeal process would shed light on those incidents and require convincing evidence to support their figures.
TLRC Observed Process
The bill passed the house with minimal opposition.
Action was deferred in Senate State and Local Government Committee to 2020. This is not unusual; the senate often fails to consider measures already approved by the house.
We need to hold our senators more accountable.