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BILL AS INTRODUCED 2007-2008

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H.189

Introduced by Representatives Flory of Pittsford, Acinapura of Brandon, Adams of Hartland, Ainsworth of Royalton, Baker of West Rutland, Bostic of St. Johnsbury, Canfield of Fair Haven, Clark of St. Johnsbury, Clark of Vergennes, Devereux of Mount Holly, Hube of Londonderry, Johnson of Canaan, Komline of Dorset, Krawczyk of Bennington, Larocque of Barnet, Larrabee of Danville, LaVoie of Swanton, Lawrence of Lyndon, Livingston of Manchester, Marcotte of Coventry, McAllister of Highgate, McFaun of Barre Town, O'Donnell of Vernon, Oxholm of Vergennes, Peaslee of Guildhall, Scheuermann of Stowe, Shaw of Derby, Sunderland of Rutland Town, Turner of Milton, Wheeler of Derby and Wright of Burlington

Referred to Committee on

Date:

Subject:  Legislature; fiscal impact statements; penal statutes

Statement of purpose:  This bill proposes to require the joint fiscal office to prepare, and the legislature to consider, statements which analyze the fiscal impacts of an enactment or amendment of any penal statute.

AN ACT RELATING TO FISCAL IMPACT STATEMENTS FOR ENACTMENT OR AMENDMENT OF ANY PENAL STATUTE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  2 V.S.A. § 206 is added to read:

§ 206.  ENACTMENT OR AMENDMENT OF PENAL STATUTE;

            FISCAL IMPACT STATEMENTS REQUIRED

(a)  Prior to the enactment or amendment of any penal statute, the joint fiscal office shall prepare an impact statement which analyzes the proposed legislation’s fiscal impact on the criminal justice system with the assistance of the following state agencies:  the office of the attorney general, the office of the defender general, the department of state’s attorneys and sheriffs, the office of court administrator, the department of public safety, the department of corrections, the Vermont criminal justice training council, and any other local or state agency which demonstrates that the proposed legislation may have a fiscal impact.  When requested by the joint fiscal office, these agencies shall provide information deemed necessary.

(b)  The impact statement shall include estimates of additional personnel and facilities and the amount of additional funds required to implement effectively the new or amended penal statute.  The impact statement shall be a part of any relevant legislation prior to its passage.  However, the existence of an impact statement required by this section in proposed legislation shall not, by that reason alone, require the referral of the bill to the house or senate standing committee on appropriations.

(c)  The appropriations and capital budgets of the legislative session in which any penal statute is enacted or amended shall be reflective of, and give full consideration to, the impact statement required by subsection (a) of this section.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us