§ 10-2-114 - Bills imposing new or additional costs on municipality or county -- Fiscal impact statements.
               	 		
10-2-114.    Bills imposing new or additional costs on municipality or county -- Fiscal impact statements.
    (a)    (1)  Any  bill filed with the Senate that requires an expenditure of public funds  by a municipality or county or otherwise imposes a new or increased  cost obligation on any municipality or county shall have a fiscal impact  statement attached to it prepared by the author of the bill and filed  with the bill at the time of its introduction. A copy of such fiscal  impact statement shall be placed on the desk of each member of the  Senate committee to which the bill is referred before the bill may be  called up for final action in the committee. A copy of it shall also be  placed on the desk of each member of the Senate before a final vote may  be taken on it for final passage.
      (2)  If  the author of any Senate or House of Representatives bill affected by  this section shall fail to file a fiscal impact statement, any member of  the Senate committee to which the bill is referred may object to its  being called up for final action in the committee until a fiscal impact  statement is made available to the committee. If such objection is made  by a member of the Senate committee, the chair of the committee shall  refer the bill to the appropriate state agency or to the legislative  staff for the preparation of a fiscal impact statement, to be returned  to the committee in writing not later than five (5) days from the date  of the request.
      (3)  If any such  Senate or House bill is called up for final passage in the Senate and a  fiscal impact statement has not been provided by the author of the bill  or by the committee to which the bill was referred, any member of the  Senate may object to the bill's being called up for final passage until a  fiscal impact statement is prepared and made available on the desk of  each member of the Senate at least one (1) day prior to the bill being  called up for final passage. If such an objection is made, the presiding  officer of the Senate shall cause the bill to be referred to the  appropriate state agency or to the designated legislative staff for the  preparation of a fiscal impact statement which shall be filed in writing  with the Senate not later than five (5) days from the date of the  request.
(b)    (1)  When any  House or Senate bill requiring an expenditure of public funds or  otherwise imposing a new or increased cost obligation on any  municipality or county is pending before any committee of the House any  member of the committee may request that a fiscal impact statement for  the bill be placed on the desk of each member of the committee before  the bill is called up for final action in the committee. If a request is  made, the chair of the committee shall refer the bill to the  appropriate state agency or to the legislative staff for the preparation  of a fiscal impact statement to be returned to the committee in writing  not later than five (5) days from the date of the request.
      (2)  Any  time before the bill is read the third time in the House, a member of  the House may request that a fiscal impact statement for the bill be  prepared and placed on the desk of each member. When a member of the  House so requests a fiscal impact statement on any bill, the Speaker of  the House shall furnish the member a fiscal impact statement signature  form which shows the number of the bill for which the statement is  requested and the date and time the request was made. If the member  returns the form containing the signature of the requesting member and  the signatures of at least nine (9) other House members within thirty  (30) minutes of the time shown on the form, the fiscal impact statement  shall be prepared and placed on the desk of each member of the House  before the bill is read the third time.
      (3)  If  a bill is called up for final passage in the House of Representatives  and a fiscal impact statement has not been provided for the bill, any  member of the House in which the bill is being considered may move that a  final vote on the passage of the bill be delayed until a fiscal impact  statement is prepared and made available on the desk of each member of  the House at least one (1) full day prior to the bill's being called up  for final passage. If the motion is made and is adopted by a majority  vote of the membership of the House, the Speaker of the House shall  cause the bill to be referred to the appropriate state agency or to the  designated legislative staff for the preparation of a fiscal impact  statement which shall be filed with the House within five (5) days of  the date of the request.
(c)  Failure  of the sponsor of a bill to provide the fiscal impact statement  required in this section shall not prohibit the consideration of it in  the committee to which referred or on the floor of the house in which  the bill is called up for final passage if no objection to it is made at  the time such action is taken.
(d)  Nothing  in this section shall prohibit a committee to which a bill is referred  or the house in which the bill is being considered from suspending the  requirement of the filing of a fiscal impact statement on any such bill  in the same manner as provided for the suspension of the rules in the  house in which the bill is being considered.
(e)  Copies  of fiscal impact statements prepared in compliance with the provisions  of this section shall be made available upon request for them to  representatives of municipal or county governments. A fiscal impact  statement filed or prepared in compliance with this section is declared  to be a public record within the meaning of the Freedom of Information  Act of 1967,    25-19-101 et seq.
(f)  For  the purposes of this section, the term "fiscal impact statement" means a  realistic statement of the estimated financial cost to municipalities  or counties of implementing or complying with a proposed law and  regulations promulgated under it.