HBA-EDN C.S.H.B. 2810 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2810
By: Wolens
State Affairs
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Many statutes use a device known as a population bracket to limit the
application of the statutes to only one or a small group of political
subdivisions. A population bracket uses population figures to single out a
targeted political subdivision.  A lower and an upper population figure is
often used to create a range (that is, a bracket) that covers the affected
political subdivision.  An example of this type of population bracket is:
"A county with a population of 25,650  to 25,900."  A population bracket
may also be used in a broader sense to cover the use of only a lower or an
upper population figure to single out a political subdivision.  An example
of this type of population bracket is:  "A municipality with a population
of more than 1 million." 

A reference in a statute to the population of a political subdivision means
the population according to the most recent federal census.  Therefore, as
population data changes with the release of each federal census, the
political subdivision for which a population bracket was designed may no
longer be in the bracket.  It becomes necessary, following each federal
census, to examine each population bracket and, if necessary, to take
action to update the bracket.  

The purpose of this bill is to take into account the new census data
contained in the 2000 federal census and to update population brackets as
necessary so that the statutes using those brackets continue to apply to
the political subdivisions for which the brackets were intended. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

ANALYSIS

C.S.H.B. 2810 updates population brackets by amending each statute that
contains a population bracket that is in need of change due to the new
population data contained in the 2000 federal census.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute updates population brackets rather than makes a
single statement to update population brackets.  The original established
legislative intent that a statute that applies to a political subdivision
with a certain population is to continue to apply to that same political
subdivision regardless of whether the political subdivision has the
required population under the newly released federal census.