HOUSE BILL NO. 268

INTRODUCED BY B. MOLNAR

A BILL FOR AN ACT ENTITLED: "AN ACT ALLOWING A BILL SPONSOR TO REBUT THE CONTENTS OF A FISCAL NOTE; REQUIRING THAT A POTENTIAL CONSTITUTIONAL VIOLATION IDENTIFIED DURING FISCAL NOTE PREPARATION BE DESCRIBED IN THE FISCAL NOTE; AMENDING SECTIONS 5-4-204 AND 5-4-205, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 5-4-204, MCA, is amended to read:

"5-4-204. Submission of fiscal note -- sponsor's fiscal note -- sponsor's rebuttal -- distribution to legislators. (1) A completed fiscal note must be submitted by the budget director to the presiding officer who requested it. Upon receipt of the completed fiscal note, the presiding officer shall notify the sponsor of the bill for which the fiscal note was prepared that the fiscal note has been completed and is available for review. Within 24 hours following notification, the sponsor must:

(a) notify the presiding officer that the sponsor concurs with the completed fiscal note;

(b) request additional time, not to exceed 24 hours, to consult with the budget director on the fiscal note;

(c) elect to prepare a sponsor's fiscal note as provided in subsection (4); or

(d) elect to prepare a sponsor's rebuttal as provided in subsection (5).

(2) (a) If the sponsor concurs with the completed fiscal note prepared by the budget director or elects to prepare a sponsor's fiscal note or a sponsor's rebuttal, the presiding officer shall refer the completed fiscal note prepared by the budget director to the committee considering the bill. If the bill is printed, the note must be reproduced and placed on the members' desks.

(b) If the sponsor requests additional time to consult with the budget director, the presiding officer shall notify the sponsor and the budget director of the time, not to extend beyond the time limitation specified in subsection (1)(b), by which:

(i) the budget director shall submit a revised completed fiscal note to the presiding officer;

(ii) the sponsor shall notify the presiding officer that the sponsor concurs with the original completed fiscal note;

(iii) the sponsor shall elect to prepare a sponsor's fiscal note as provided in subsection (4); or

(iv) the sponsor shall elect to prepare a sponsor's rebuttal as provided in subsection (5).

(3) At the time specified as provided in subsection (2)(b), the presiding officer shall refer the original or, if revised, the revised fiscal note to the committee considering the bill. If the bill is printed, the note must be reproduced and placed on the members' desks.

(4) (a) If a sponsor elects to prepare a sponsor's fiscal note, the sponsor shall prepare the fiscal note as provided in 5-4-205 and return the completed sponsor's fiscal note to the presiding officer within 4 days of the sponsor's election to prepare a sponsor's fiscal note.

(b) The presiding officer may grant additional time to the sponsor to prepare the sponsor's fiscal note.

(c) Upon receipt of the completed sponsor's fiscal note, the presiding officer shall refer it to the committee hearing the bill. If the bill is printed, the note must be identified as a sponsor's fiscal note, reproduced, and placed on the members' desks.

(5) (a) If a sponsor elects to prepare a sponsor's rebuttal, the sponsor shall prepare the rebuttal and return it to the presiding officer within 4 days of the sponsor's election to prepare a sponsor's rebuttal.

(b) The presiding officer may grant additional time to the sponsor to prepare the sponsor's rebuttal.

(c) Upon receipt of the completed sponsor's rebuttal, the presiding officer shall refer it to the committee hearing the bill. If the bill is printed, the rebuttal must be identified as a sponsor's rebuttal, reproduced, and placed on the members' desks."

Section 2. Section 5-4-205, MCA, is amended to read:

"5-4-205. Contents of notes. (1) Fiscal notes must, whenever possible, show in dollar amounts the estimated increase or decrease in revenue or expenditures, costs that may be absorbed without additional funds, and long-range financial implications.

(2) A comment or opinion relative to merits of the bill may not be included in the fiscal note. However, technical or mechanical defects may be noted.

(3) If a potential constitutional violation is identified in the fiscal note as a technical defect, the fiscal note must also identify:

(a) the specific language in the bill that is potentially violative;

(b) the constitutional provision or provisions that the bill is suspected to violate; and

(c) the reasons the language in the bill is believed to be in violation of the constitutional provisions."

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