Definitions

As used in this article, the term: (1) ‘‘Commissioner’’ means the commissioner of community affairs. (2) ‘‘Department’’ means the Department of Community Affairs. (3) ‘‘Fiscal note’’ means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, regulation, rule, order, or administrative law upon local political subdivisions to which the proposed law, regulation, rule, order, or administrative law applies. (4) ‘‘Local political subdivision’’ means a county, municipality, county school district, or independent school district. (Ga. L. 1981, p. 1809, § 2; Ga. L. 1995, p. 1189, § .5.) 28-5-48.1. Applicability to proposed laws for which full funding to affected localities has been appropriated. This article shall not apply to any proposed bill, resolution, regulation, rule, order, or administrative law for which an appropriation, in an 357 28-5-48.1 GENERAL ASSEMBLY 28-5-49 amount sufficient to fund the full cost of the proposal, has been made to affected local political subdivisions. (Code 1981, § 28-5-48.1, enacted by Ga. L. 1995, p. 1189, § .5.) 28-5-49. Analysis of costs of proposed bills and joint resolutions to affected localities; filing of fiscal notes; requests by representatives of local political subdivisions for copies; waiver of requirements. (a) The department shall conduct any analysis to determine the cost of implementation or compliance for all bills and joint resolutions introduced in the General Assembly which have a fiscal impact on local political subdivisions. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution determined by the department to require an expenditure which in the aggregate exceeds $5 million of public funds by local political subdivisions, a fiscal note shall be attached to such bill or resolution and shall be filed by the sponsor of the bill with the chairperson of the committee and the Clerk of the House of Representatives or the Secretary of the Senate and shall be provided to all members of the General Assembly. Any representative of any local political subdivision requesting a copy of the fiscal note shall be furnished with a copy immediately upon request to the Clerk of the House of Representatives or the Secretary of the Senate. This Code section shall not apply to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statute. (b) The requirements of this Code section may be waived by the committee to which the bill is assigned in the chamber wherein the bill is introduced. Any such waiver shall be by the affirmative vote of a majority of the members of the committee. Any such waiver by the committee shall allow consideration of the measure by both chambers. (c) The requirements of this Code section may be waived: (1) By a majority vote of the House of Representatives or by the Speaker of the House with respect to a bill introduced in the House of Representatives; or (2) By majority vote of the Senate or by the President of the Senate with respect to a bill introduced in the Senate. Any such waiver shall allow consideration of the measure by both the House of Representatives and the Senate. (Ga. L. 1981, p. 1809, § 3; Ga. L. 1995, p. 1189, § .5; Ga. L. 1996, p. 6, § 28.) 358 28-5-51