GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	2 

HOUSE BILL 875
Second Edition Engrossed 6/13/91

Short Title:  Corrections Fiscal Notes.	(Public)
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Sponsors: Representative Barnes.
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Referred to:  Appropriations.
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April 18, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR FISCAL NOTES ON LEGISLATION CAUSING A NET INCREASE IN INCARCERATION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 120 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 6E.  
"Corrections Fiscal Notes.
"§ 120-30.49. Definitions.
For purposes of this Article:
(1)	'Legislation' means any bill, resolution, or amendment to a bill or resolution.
(2)	'Net increase in incarceration' means a net increase in the duration of or number of persons incarcerated, whether by increased penalties attached to existing law, by penalizing new behavior, or by any other means.
(3)	'Operating costs' means all costs incurred as a result of a net increase in incarceration, including capital outlay if such legislation would require increased cell space.
"§ 120-30.50.  Purpose.
It is the intent of the General Assembly, in accordance with the goals established for the Sentencing and Policy Commission created in Article 4 of Chapter 164 of the General Statutes, that any legislation introduced or considered in the General Assembly which would result in a net increase in the number of persons incarcerated or the length of their incarceration shall contemplate funding from recurring revenues sufficient to offset the increased operating costs resulting from such legislation.
"§ 120-30.51. Fiscal note on legislation increasing incarceration.
Upon the introduction of any legislation in the General Assembly which appears to cause a net increase in incarceration, the Fiscal Research Division shall, upon the request of any member of the General Assembly authorized by the rules of the appropriate chamber, prepare a fiscal note in consultation with the Sentencing Policy and Advisory Commission stating the estimated cost of the increased incarceration. Such legislation shall not be considered by the General Assembly until the fiscal note is completed and available for consideration."
Sec. 2.  This act is effective upon ratification and applies to legislation introduced or considered on or after that date.