HARRY HUGHES, Governor
1083
40, § 66(b), "as provided in § 68 of this article",
which was meaningless, since the referenced section
did not set forth any standards for waiver. Similar
references are added in subsection (e)(2)(i) and (ii)
of this section. The substitution and the addition
limit the scope of authority of the President and the
Speaker to their respective house.
The introductory clause of subsection (b)(2)(iii) of
this section, "if the standing committee certifies
that ...", is substituted for the cross-reference in
former Art. 40, § 66(b), "as provided in § 63 of this
article". This latter cross-reference apparently was
intended to incorporate the requirement for
certification that is needed for a waiver of a fiscal
note. The certification for a waiver of a fiscal note
is made by the committee chairman, rather than by the
committee.
The introductory clause of subsection (c)(1) of this
section, "[u]nless a fiscal note for a bill is
waived," is added as a general reference to the waiver
provisions. In practice, however, a note is prepared
for every bill.
Subsection (c)(2) of this section is revised to
clarify that the Department of Fiscal Services
prepares the waiver that is based on certification of
a committee chairman: This revision conforms to the
requirement, in the second sentence of former Art. 40,
§ 65, that the Department prepare the waiver that is
based on a bill not having a fiscal impact.
In subsection (d)(l)(iii) of this section, the
reference to the fiscal impact "occur[ring]" is
substituted for the former reference to the impact
being "evident". This substitution is based on the
former reference to the impact being "fully
effective."
Also in subsection (d)(1)(iii) of this section, a
requirement for an estimate of fiscal impact for "each
year until and the year during which that impact is
expected to occur" is substituted for the former,
ambiguous directive that the estimate "be projected
... to include an estimate for the first fiscal year
in which it is expected fully to be effective", since
the former directive could be read either to require
an estimate for those intervening fiscal years or only
for that year during which the full impact occurs.
In subsection (e)(1)(i) of this section, the phrase
"prepare or obtain" is substituted for the former word
"processed", for clarity.
|