Legislature(1997 - 1998)
1997-05-07 House Journal
Full Journal pdf1997-05-07 House Journal Page 1609 SB 55 The following was read the second time: CS FOR SENATE BILL NO. 55(FIN) am "An Act relating to the definition of certain state receipts to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 1DP 3NR 3AM 1548 SEN FN (GOV/VARIOUS DEPTS) 4/18/97 1549 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 4, line 17, through page 5, line 4: Delete all material and insert: 1997-05-07 House Journal Page 1610 SB 55 "(a) A ªWHEN AN AMOUNT IS APPROPRIATED OR ALLOCATED TO A DEPARTMENT AS Aß grant for a named recipient that is not a municipality must be made under this section. The ª, THE DEPARTMENT TO WHICH THEß appropriation or allocation making the grant must be directed to the Office of the Governor and must include the amount of the grant, the named recipient of the grant, the purpose of the grant, and the source of funds from which the grant is made. The Office of the Governor ªIS MADEß shall promptly notify the named recipient of the availability of the grant and request the named recipient to submit a proposal to provide the goods or services specified in the appropriation act for which the appropriation or allocation is made. At the same time, the Office of the Governor ªDEPARTMENTß may issue a request for proposals from other qualified persons to provide the same goods or services in the same area. The Office of the Governor [DEPARTMENTß shall award the grant to the named recipient unless the Office of the Governor, with due regard for the local expertise or experience of those making proposals, determines that an award to a different party would better serve the public interest. If the grant is awarded to a party other than that named by the legislature, the basis of that action shall be stated in writing at the time the grant is issued and a copy of the written statement shall be sent to the Legislative Budget and Audit Committee. The Office of the Governor shall designate the appropriate department or agency to administer the grant agreement and the disbursal of funds under the grant. The Office of the Governor may delegate authority to the designated department or agency to award the grant, but the department or agency may not award the grant to a recipient other than the recipient named in the appropriation or allocation for the grant. A grant agreement must be executed within 60 days after the effective date of the appropriation or allocation." Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. 1997-05-07 House Journal Page 1611 SB 55 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 55(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Kelly Absent: Moses, Vezey And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: Page 4, line 20, following "grant": Delete "and request the named recipient to submit a proposal to provide the goods or services specified in the appropriation act" Insert ". The department shall make the grant to ªAND REQUESTß the named recipient in the amount appropriated or allocated and for the purpose ªTO SUBMIT A PROPOSAL TO PROVIDE THE GOODS OR SERVICES SPECIFIED IN THE APPROPRIATION ACTß" Page 5, line 4, following "allocation.": Insert "Each grant agreement shall provide that the department and employees of the department are not responsible or liable for expenditures made from the grant by the named recipient or for activities of the named recipient that are related to the purpose for which the grant was made." 1997-05-07 House Journal Page 1612 SB 55 Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 55(FIN) Second Reading Amendment No. 2 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Kelly Absent: Moses And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Martin: Page 4, line 16 through page 5, line 5: Delete all material. Renumber the following bill sections accordingly. Representative Martin moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1997-05-07 House Journal Page 1613 SB 55 HCS CSSB 55(FIN) Second Reading Amendment No. 3 YEAS: 15 NAYS: 18 EXCUSED: 1 ABSENT: 6 Yeas: Brice, Davies, Davis, Elton, Grussendorf, Ivan, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Nicholia, Ogan Nays: Austerman, Bunde, Cowdery, Foster, Green, Hanley, Hodgins, Hudson, Moses, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Kelly Absent: Barnes, Berkowitz, Croft, Dyson, James, Masek And so, Amendment No. 3 was not adopted. Representative Porter moved and asked unanimous consent that HCSCSSB 55(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 55(FIN) was read the third time. The question being: "Shall HCS CSSB 55(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 55(FIN) Third Reading Final Passage YEAS: 24 NAYS: 13 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1997-05-07 House Journal Page 1614 SB 55 Nays: Brice, Davies, Elton, Grussendorf, James, Joule, Kemplen, Kohring, Kookesh, Kott, Martin, Ogan, Vezey Excused: Kelly Absent: Berkowitz, Croft And so, HCS CSSB 55(FIN) passed the House. Representative Porter moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 55(FIN) Third Reading Effective Date YEAS: 34 NAYS: 3 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Davies, Martin, Ogan Excused: Kelly Absent: Berkowitz, Croft And so, the effective date clause was adopted. Representative Davies gave notice of reconsideration of his vote on HCS CSSB 55(FIN).