Legislature(2001 - 2002)

02/13/2001 09:04 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= 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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