Legislature(1999 - 2000)

1999-04-09 Senate Journal

Full Journal pdf

1999-04-09                     Senate Journal                      Page 0853
SB 101                                                                       
Senator Halford requested that the reconsideration on CS FOR                   
SENATE BILL NO. 101(FIN) am An Act relating to disasters and                   
to the disaster relief fund be taken up. The bill was before the               
Senate on reconsideration.                                                     
                                                                               
Senator Halford moved that the bill be returned to second reading for          
the purpose of a specific amendment, that being Amendment No. 2.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senator Halford offered Amendment No. 2 :                                       
Page 2, line 17, through page 4, line 12:                                      
	Delete all material and insert:                                               
	"(b)  Except as provided in (c) and (d) of this section, the                  
governor may expend during a fiscal year not more than $500,000                
of state funds, including the assets of the disaster relief fund, to           
		(1)  save lives, protect property and public health                          
and safety, or lessen or avert the threat of the disaster that poses a         
direct and imminent threat of sufficient severity and magnitude to             
justify state action;                                                          
		(2)  implement provisions of law relating to disaster                        
relief to cope with the disaster;                                              
		(3)  alleviate the effects of the disaster by making                         
grants or loans to persons or political subdivisions on terms the              
governor considers appropriate or by other means the governor                  
considers appropriate.                                                         
	(c)  If the disaster described in the governor's declaration of               
a condition of disaster emergency is determined by the President of            
the United States to cause damage of sufficient severity and                   
magnitude to warrant  major  disaster  assistance  under  the  federal         
                                                                               

1999-04-09                     Senate Journal                      Page 0854
SB 101                                                                       
Robert T. Stafford Disaster Relief and Emergency Assistance Act, the           
governor may expend during a fiscal year not more than $1,000,000              
of state funds, including the assets of the disaster relief fund, to           
		(1)  save lives, protect property and public health                          
and safety, or lessen or avert the threat of the disaster that poses a         
direct and imminent threat of sufficient severity and magnitude to             
justify state action;                                                          
		(2)  implement provisions of law relating to disaster                        
relief to cope with the disaster;                                              
		(3)  alleviate the effects of the disaster by making                         
grants or loans to persons or political subdivisions on terms the              
governor considers appropriate or by other means the governor                  
considers appropriate.                                                         
	(d)  If the disaster described in the governor's declaration of               
a condition of disaster emergency is the result of a wildland fire, the        
governor may expend during a fiscal year not more than $5,000,000              
of state funds, including the assets of the disaster relief fund, to           
		(1)  save lives, protect property and public health                          
and safety, or lessen or avert the threat of the disaster that poses a         
direct and imminent threat of sufficient severity and magnitude to             
justify state action;                                                          
		(2)  implement provisions of law relating to disaster                        
relief to cope with the disaster;                                              
		(3)  alleviate the effects of the disaster by making                         
grants or loans to persons or political subdivisions on terms the              
governor considers appropriate or by other means the governor                  
considers appropriate.                                                         
	(e)  The governor may not expend more than $500,000                           
under (b) of this section, more than $1,000,000 under (c) of this              
section, or more than $5,000,000 under (d) of this section unless              
		(1)  if the legislature is in session, the legislature has                   
approved a financing plan to cope with the disaster that identifies the        
amount in excess of the expenditure limits that is to be expended              
from state funds, including the assets of the disaster relief fund; or         
		(2)  if the legislature is not in session,                                   
                                                                               
                                                                               

1999-04-09                     Senate Journal                      Page 0855
SB 101                                                                       
		(A)  the legislature convenes in special                                    
session and approves a financing plan to cope with the                         
disaster that identifies the amount in excess of the                           
expenditure limits that is to be expended from state funds,                    
including the assets of the disaster relief fund; or                           
		(B)  the presiding officers of both the house                               
of representatives and the senate, after polling all members                   
of the respective houses of the legislature in writing and                     
receiving a response in writing from a majority of the                         
members of each house, inform the governor in writing that                     
a majority of the members of each house do not object to                       
the financing plan and do not find that a special session is                   
necessary; the poll of members of the legislature may be                       
conducted by telephonic facsimile, by electronic mail, or by                   
other means of written communication."                                         
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Senator Halford moved for the adoption of Amendment No. 2.                     
Senator Adams objected.                                                        
                                                                               
The question being: Shall Amendment No. 2 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
CSSB 101(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Kelly Pete, Leman, Miller, Parnell,             
Pearce, Phillips, Taylor, Torgerson, Ward, Wilken                              
                                                                               
Nays:  Adams, Ellis, Elton, Hoffman, Kelly Tim, Mackie                         
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, Amendment No. 2 was adopted.                                           
                                                                               
CS FOR SENATE BILL NO. 101(FIN) am was automatically in                        
third reading.                                                                 

1999-04-09                     Senate Journal                      Page 0856
SB 101                                                                       
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 101(FIN) am An Act relating to disasters and to the disaster               
relief fund pass the Senate? The roll was taken with the following             
result:                                                                        
                                                                               
CSSB 101(FIN) am                                                               
Third Reading - On Reconsideration                                             
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Green, Halford, Kelly Pete, Kelly Tim,                   
Leman, Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward,             
Wilken                                                                         
                                                                               
Nays:  Ellis, Elton, Hoffman, Mackie                                           
                                                                               
Excused:  Lincoln                                                              
                                                                               
and so, CS FOR SENATE BILL NO. 101(FIN) am passed the                          
Senate on reconsideration and was referred to the Secretary for                
engrossment.                                                                   
SB 101                                                                       
CS FOR SENATE BILL NO. 101(FIN) am An Act relating to                          
disasters and to the disaster relief fund was engrossed, signed by             
the President and Secretary and transmitted to the House for                   
consideration.