Legislature(2001 - 2002)
04/04/2001 01:52 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 58
An Act relating to the membership and quorum
requirements of the State Medical Board.
SENATOR DONALD OLSON explained that SB 58 would add a
physician assistant to the membership of the Alaska State
Medical Board. As a consequence, the quorum requirement for
meetings would also be adjusted. Under current law, there
are seven members on the Medical Board. However, only
physicians and public members with no financial connection
to the health care industry may serve.
Senator Olson commented that it is important for the work of
the board that a physician assistant be added. Having such
representation would facilitate the deliberations and
broaden the experience of the board. He stated that it
would increase the board's effectiveness in maintaining the
quality of health care services and issues in Alaska.
Vice-Chair Bunde voiced concern that by adding another
member would create an even number membership. Senator
Olson explained that often times all attendees of the
Medical Board are not present, thus making the vote an odd
number.
Vice-Chair Bunde referenced nurse practioners and asked if
they would have a role in the proposed legislation.
Senator Olson explained that they were listed under the
Alaska State Nursing Board. He acknowledged that there has
been a recommendation that they be on the Alaska State
Medical Board, hoping that it would streamline some issues.
Representative Harris inquired how the Board would handle a
four-four split. Senator Olson advised that rarely has a
polarization occurred on the Board. He reiterated that the
chances were rare.
Representative Harris questioned the geographical
representation of the Board. Senator Olson noted that
during the time he was on the board, there was only one
doctor from Bush Alaska. He noted that there are five
hospitals in those areas. Most commonly, the majority of
the physicians come from the Anchorage area.
CATHERINE REARDON, DIRECTOR, DIVISION OF OCCUPATIONAL
LICENSING, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT,
testified that the Alaska State Medical Board and the
Department does support the proposed legislation. She
stated that the Department does not object to the even
number of physicians on the Board. She pointed out that the
membership of the Legislature consists of an even number.
Additionally, there is another board that has an even number
and that they have had no problems.
Representative Foster MOVED to report SB 58 out of Committee
with individual recommendations and with the accompanying
fiscal note. There being NO OBJECTION, it was so ordered.
SB 58 was reported out of Committee with a "do pass"
recommendation and with a fiscal note by Department of
Community & Economic Development dated 2/07/01.
#HB102
HOUSE BILL NO. 102
An Act relating to the theft of propelled vehicles.
ROGER WORTMAN, STAFF, REPRESENTATIVE PETE KOTT, noted that
the legislation focuses on the crime of vehicle theft and
equal penalties associated with the taking of propelled
vehicles without the owners' permission.
Mr. Wortman added that HB 102 would provide a new element in
the commission of taking the propelled vehicle of another
when the owner is deprived of the use of the vehicle for a
specific period of time and incurs expenses as a result of
the loss of use of that vehicle. The bill would amend the
definition for "all terrain vehicles" as well as, the
definition for "watercraft".
Representative Croft asked why the definition of "water
craft" in Section 3 had been narrowed. Mr. Wortman
explained that as it stands now, "water craft" could be a
Class C felony; "Jet Ski" has been placed under propelled
vehicles and it would not constitute an immediate crime.
Representative Croft referenced Section 1, which added the
"seven days or more" concept. Mr. Wortman stated the House
Judiciary Committee had determined that amount; it was not
in the original bill. He noted that Mr. Luckhaupt could
answer any legal questions pertaining to the bill or
statutes involved.
Mr. Wortman explained that if an owner of a vehicle was
deprived from using the vehicle for any period of time, a
dollar amount was inserted into the bill, which would
reimburse that individual. The drafter chose the seven days
or more as an arbitrary figure for determining the rental
fee.
Representative Croft inquired the current caliber that this
crime was rated at. Mr. Wortman explained that it would
raise the theft of a snow machine from the current
misdemeanor, and lower the Jet Ski theft from a felony down.
It would remove the "Jet Ski" out of the definition of
watercraft and place it under propelled vehicles. He noted
that at this time, the theft of a Jet Ski is recognized as a
Class C felony. In Section 1, the theft of a vehicle must
meet criteria of worth $1,000 dollars or more.
Representative Harris asked if an owner were deprived of use
of the vehicle for less than seven days, what would the
repercussions be.
GERALD LUCKHAUPT, ATTORNEY, LEGISLATIVE LEGAL & RESEARCH
SERVICES, advised that if a person is deprived from the use
of the vehicle for less than seven days, it would be a
violation of a Class A misdemeanor, vehicle theft in the
second degree. The judgment associated with that could be a
maximum of 1 year in jail and with a fine imposed between
$1,000 and $5,000 dollars.
Representative Davies inquired penalties associated for a
Class C felony. Mr. Luckhaupt stated that penalty would be
up to five years in jail and with a fine up to $50,000
dollars maximum.
Representative Davies ascertained that the five years in
jail with a maximum fine of $50,000 dollars was extreme for
stealing a Jet Ski for seven days. He asked Mr. Luckhaupt
if the characterization would "balance out" the misdemeanor
and felony statutes. Mr. Luckhaupt replied that the
severity of the recourse depends on the "eye of the
beholder". He commented that if he were a Jet Ski owner, he
would be upset that the abuse was dropped from an automatic
felony. The bill is dropping Jet Skis down and would add
another way for all propelled vehicles to be moved up to a
felony.
Representative Davies asked if it was possible that the
owner could be deprived of use of the vehicle because the
Court impounded it for other uses. Mr. Luckhaupt advised
that if the vehicle had been abandoned outside the owned
area, while it was not available to the owner, the owner
would still be deprived of its use.
Representative Davies countered that with a scenario that
the police kept the vehicle and the vehicle could not be
used. Mr. Luckhaupt noted that provisions had been added in
the past couple years that would address search and warrant
of properties. He advised that the police no longer kept
cars that were stolen from the owner for evidence during the
trial.
Representative J. Davies asked if the same action would
happen with snow machines and other such vehicles. Mr.
Luckhaupt replied that he did not know why the police would
hold on to a snow machine, unless they planned to use it for
evidence. However, if any other major offense occurs with
the snow machine, then the police would have recourse to
hold on to that vehicle.
Co-Chair Mulder MOVED to report CS HB 102 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it
was so ordered.
CS HB 102 (JUD) was reported out of Committee with a "do
pass" recommendation and with fiscal notes by the Alaska
Court System dated 2/23/01 and the Department of
Corrections dated 2/23/01.
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