Legislature(1997 - 1998)

1997-05-07 House Journal

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1997-05-07                     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).