02/13/2001 09:04 AM Senate FIN

     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
.                                                                                                                        
                                                                                                                                
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. 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
  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.