Legislature(2001 - 2002)
02/13/2001 09:04 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
February 13, 2001
9:04 AM
TAPES
SFC-01 # 14, SIDE A
CALL TO ORDER
Co-Chair Pete Kelly convened the meeting at approximately 9:04 AM.
PRESENT
Senator Dave Donley, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Jerry Ward, Vice Chair
Senator Lyda Green
Senator Gary Wilken
Senator Alan Austerman
Senator Lyman Hoffman
Senator Donald Olson
Senator Loren Leman
SUMMARY INFORMATION
SB 16-OIL DISCH PREVENTION: NONTANK VESSELS/RR
The Committee moved the bill from the Committee.
SB 21-FINES BY THE STATE MEDICAL BOARD
The Committee adopted a Letter of Intent and moved the bill from
Committee.
SB 53-EXTENDING THE BD. OF BARBERS/HAIRDRESSERS
The Committee adopted a Letter of Intent and moved the bill from
Committee.
SENATE BILL NO. 16
"An Act regarding oil discharge prevention and cleanup
involving self-propelled nontank vessels exceeding 400 gross
registered tonnage and railroad tank cars and related
facilities and operations and requiring preparation and
implementation of oil discharge contingency plans for those
nontank vessels and railroad tank cars; amending the
definition of 'response action' that relates to releases or
threatened releases of oil and thereby amending the duties and
liabilities of response action contractors; and authorizing
compliance verification for nontank vessels and for trains and
related facilities and operations; and providing for an
effective date."
This was the third hearing for this bill in the Senate Finance
Committee.
Co-Chair Kelly drew member's attention to the sponsor statement
from the Taskforce on Motorized Oil Transport that was prepared
since the previous hearing.
Co-Chair Donley expressed that his lack of further questions at
this time should not be mistaken for support of the fiscal notes.
He stated that while concerns were raised at the previous hearing
he had yet to find solutions.
Senator Ward offered a motion to move from Committee, SB 16 with
Department of Transportation and Public Facilities zero fiscal
noted, dated February 7, 2001, and $78,000 fiscal note from the
Department of Environmental Conservation dated February 9, 2001.
Co-Chair Donley requested the motion be severed to exclude fiscal
notes.
Senator Ward restated the motion as to apply to the bill only.
Without objection, SB 16 MOVED from Committee.
Co-Chair Donley moved for adoption of the aforementioned fiscal
notes. He spoke against the addition of four positions to state
government that these fiscal notes provide. He stressed that he
hoped future finance committees would reexamine the situation in
the event that the Department of Environmental Conservation
requests even more positions to perform the prescribed duties. He
opined that the department should be able to accomplish the duties
with existing staff. He qualified that the legislation itself is
important and suggested designating the added positions toward the
accomplishment of the goals of this legislation. At the same time,
he continued, the adoption of the fiscal note should not be
construed as an endorsement for an increased level of funding for
the department. He explained that if the budget subcommittee is
able to identify how this job could be done using existing staff,
adjustments should be made. He summarized that while the fiscal
note creates four additional positions, by the end of the
legislative session, there may not actually be four new employees
depending upon the merits of the existing positions.
Co-Chair Donley commented that the sponsor statement was well
prepared.
There was no objection and the fiscal notes MOVED from Committee
with the bill.
SENATE BILL NO. 21
"An Act increasing the maximum civil fine that may be imposed
by the State Medical Board as a disciplinary sanction."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Olson relayed that since the last hearing he had spoken
with each member of the Committee addressing the concerns voiced
earlier.
Senator Olson proposed a Letter of Intent that reads as follows.
It is the intent of the legislature that the State Medical
Board apply increased fines for serious and consequential
violations of ethical and professional misconduct. The size of
fines that are typically imposed for minor, noncompliance
infractions should remain unaffected by the enactment of SB
21.
Senator Leman felt the language was unclear in stipulating which
violations would be affected.
Senator Olson responded that the increased fines would be imposed
for ethical and professional misconduct.
Co-Chair Kelly interjected that the Committee intended to not raise
the fines for those smaller infractions. He asserted that the
language was clear on this matter.
Senator Leman stated he understood.
Senator Olson moved to adopt the Letter of Intent. Without
objection, it was ADOPTED.
Co-Chair Donley offered a motion to move SB 21 from Committee with
accompanying zero fiscal note from the Department of Environmental
Conservation and the adopted Letter of Intent.
There was no objection and the bill MOVED from Committee.
SENATE BILL NO. 53
"An Act extending the termination date of the Board of Barbers
and Hairdressers."
This was the second hearing for this bill in the Senate Finance
Committee.
Senator Green noted that she no longer had an objection to this
legislation, which she questioned at the previous hearing.
Co-Chair Donley stated that he wished to draft Letter of Intent to
accompany this legislation.
AT EASE 9:13 AM / 9:21 AM
Co-Chair Donley spoke to a proposed Letter of Intent that reads as
follows.
The legislature requests that the Board of Barbers and
Hairdressers carefully consider the option of self-testing by
various vocations regulated by the Board and that it consider
a pilot program of self-testing. The legislature specifically
requests the board to research and investigate the results of
self-testing in Washington and Oregon.
Co-Chair Donley shared that the Division of Legal and Research
Services identified that both Washington and Oregon provide self-
testing options and that some other states do no testing. He
explained that in Alaska there are limited locations that offer the
necessary testing and that parties sometimes must wait months
before testing. This letter, he stated, asks the board to consider
the merits of self-testing and its success in Washington and
Oregon.
Co-Chair Donley moved for adoption.
There was no objection and the Letter of Intent was ADOPTED.
Co-Chair Donley offered a motion to report from Committee, SB 53
with accompanying zero fiscal note from the Department of Community
and Economic Development and the Letter of Intent.
There was no objection and the bill MOVED from Committee.
SENATE BILL NO. 21
"An Act increasing the maximum civil fine that may be imposed
by the State Medical Board as a disciplinary sanction."
Co-Chair Donley moved to rescind the Committee's action to report
the bill from Committee.
There was no objection and the Committee's action was RESCINDED.
Co-Chair Donley moved to rescind the Committee's action to adopt
the letter of intent submitted by Senator Olson.
Without objection, the Committee's action was RESCINDED.
Senator Leman moved to amend Senator Olson's Letter of Intent.
AT EASE 9:25 AM / 9:28 AM
Senator Leman WITHDREW his motion.
Senator Green moved to adopt the Letter of Intent she authored,
which reads as follows.
It is the intent of the Legislature that the size of fines
typically imposed for minor, noncompliance infractions remain
unaffected by the enactment of SB 21.
It is the intent of the Legislature that the size of fines
typically imposed for serious and consequential violations of
ethical and professional misconduct be increased.
There being no objection, Senator Green's letter of intent was
ADOPTED.
Senator Green offered a motion to report from Committee, SB 21 SB
21 with accompanying zero fiscal note from the Department of
Environmental Conservation and the Letter of Intent submitted by
Senator Green.
There was no objection and the bill MOVED from Committee.
Co-Chair Kelly pointed out that some Committee members had signed
the Committee Report before Senator Green's Letter of Intent
replaced Senator Olson's. He stated that if any member wished to
change the recommendation he or she indicated on the report a new
form would be created; it was determined that this would not be
necessary.
ADJOURNMENT
Co-Chair Kelly adjourned the meeting at 9:30 AM.
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