2007 Senate Bill 166 / Public Act 3

Authorize extra money to cover 2006 over-spending by departments

Introduced in the Senate

Feb. 6, 2007

Introduced by Sen. Ron Jelinek (R-21)

To provide supplemental funding in the current fiscal year (FY 2006-2007) to cover overspending in the previous fiscal year by the Departments of Corrections, Human Services (Welfare), and State Police. The three departments overspent the amount appropriated for them by the legislature by approximately $19.6 million, $42.9 million and $6.6 million, respectively. As introduced the bill does not contain the final dollar amount, which will be determined in committee. Note: The Constitution prohibits state departments from spending in excess of their appropriated amount, but the legislature has never passed a specific law establishing penalties. The bill is tie-barred to Senate Bill 184, meaning it cannot become law unless that one does also. SB 184 would require the executive branch to report potential overspending by departments four months before the end of the fiscal year. Reportedly, the legislature had not been informed of the overspending in 2006 until after the gubernatorial election.

Referred to the Committee on Appropriations

Feb. 8, 2007

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Substitute offered

To replace the previous version of the bill with one that contains the actual amount of the appropriation. See Senate-passed bill for details.

Consideration postponed

Feb. 14, 2007

Passed in the Senate 36 to 0 (details)

To provide supplemental funding in the current fiscal year (FY 2006-2007) to cover overspending in the previous fiscal year by the Departments of Corrections, Human Services (Welfare), and State Police. The three departments overspent the amount appropriated for them by the legislature by approximately $19.6 million, $42.9 million and $6.6 million, respectively; the bill covers part of this with new money and part with fund transfers. The bill is tie-barred to Senate Bill 184, meaning it cannot become law unless that one does also. SB 184 would require the executive branch to report potential overspending by departments four months before the end of the fiscal year. Reportedly, the legislature had not been informed of the overspending in 2006 until after the gubernatorial election. The bill also would appropriate some new federal money that has become available for various departments.

Received in the House

Feb. 14, 2007

Referred to the Committee on Appropriations

Feb. 15, 2007

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass. H-1 does not include the tie-bar to Senate Bill 184.

Feb. 27, 2007

Substitute offered

To replace the previous version of the bill with one that does not tie-bar this bill to Senate Bill 184, meaning that bill need not pass in order for this one to become law. SB 184 would require the executive branch to report potential overspending by departments four months before the end of the fiscal year.

The substitute passed by voice vote

Amendment offered by Rep. Daniel Acciavatti (R-32)

To tie bar this bill to Senate Bill 184, which would require the executive branch to report potential overspending by departments four months before the end of the fiscal year. A tie bar would prevent this bill from going into effect unless that one does also.

The amendment failed 55 to 50 (details)

Passed in the House 57 to 48 (details)

To provide supplemental funding in the current fiscal year (FY 2006-2007) to cover overspending in the previous fiscal year by the Departments of Corrections, Human Services (Welfare), and State Police. The three departments overspent the amount appropriated for them by the legislature by approximately $19.6 million, $42.9 million and $6.6 million, respectively; the bill covers part of this with new money and part with fund transfers. Note: The bill was not granted Immediate Effect (IE), which means it would not go into effect in time to allow the state to "close the books" on the previous fiscal year's finances. Republicans withheld the votes needed to reach the required two-thirds supermajority for IE, because they want the bill tie-barred to SB 184, which would require the executive branch to report potential overspending by departments four months before the end of the fiscal year.

March 6, 2007

Motion to reconsider by Rep. Steve Tobocman (D-12)

The vote by which the House passed the bill. The bill was pulled back so as to add $17 million for airport projects and prisoner health care.

The motion passed by voice vote

March 7, 2007

Received

Substitute offered by Rep. George Cushingberry (D-8)

To replace the previous version of the bill with one that adds $17 million in state money for airport projects and prisoner health care, and another $162 million in federal money for the airport projects.

The substitute passed 93 to 10 (details)

Passed in the House 64 to 41 (details)

To provide supplemental funding in the current fiscal year (FY 2006-2007) to cover overspending in the previous fiscal year by the Departments of Corrections, Human Services (Welfare), and State Police. The three departments overspent the amount appropriated for them by the legislature by approximately $69 million. The bill covers part of this with new money and part with fund transfers; it also adds new money for other items including airport projects and prisoner health care. The bill is not tie-barred to SB 184, which requires additional reporting about potential overspending by state departments.

Motion by Rep. Steve Tobocman (D-12)

To give the bill 'Immediate Effect' (IE), without which it would not go into effect until 2008. Republicans withheld the votes needed to reach the required two-thirds supermajority for IE, because they want the bill tie-barred to SB 184, which would require additional executive branch reporting about potential overspending by state departments. This was the last of several attempts to get IE through a record roll call vote. Following this vote, the House majority leadership 'failed to hear' motions for a record roll call vote on 'Immediate Effect,' and instead passed that on a voice vote (using a 'fast gavel' technique that is not uncommon in the House.) The bill now returns to the Senate, which had originally added the tie-bar to SB 184.

The motion failed 61 to 44 (details)

Motion by Rep. Steve Tobocman (D-12)

To give the bill immediate effect.

The motion passed by voice vote

Received in the Senate

March 8, 2007

March 13, 2007

Passed in the Senate 37 to 0 (details)

To concur with the House-passed version of the bill, which is not tie-barred to SB 184, a bill that requires additional reporting about potential overspending by state departments.

Signed by Gov. Jennifer Granholm

March 21, 2007