Legislature(1999 - 2000)
04/19/2000 09:53 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE
FOR HOUSE BILL NO. 108(RES)
"An Act relating to the use, operation, and regulation
of boats; establishing a uniform state waterway
marking system; and providing for an effective date."
This was the first hearing for this bill in the Senate
Finance Committee.
REPRESENTATIVE BILL HUDSON, sponsor of the bill, testified
that this bill establishes a comprehensive recreational
boating safety program. He stressed that Alaska is the only
state that does not have such a program. He stated the bill
transfers vessel registration from the US Coast Guard
(USCG) to the Division of Motor Vehicles (DMV) and would
allow people to register their boat at any DMV office,
through the Internet, by mail or through the dealer where
they purchase the vessel.
Representative Hudson continued that the regulatory
authority for boat safety equipment required by federal,
and in some cases, state statutes, would be transferred
from the USCG to the State Of Alaska. He said the bill
specifies the required safety equipment for boats by class,
including fire extinguishers for powered boats, ventilation
for those boats with enclosed engines, lights for night
cruising, a sound producing device, and most important,
life preservers for each person aboard. He added that the
bill stipulates that life preservers must be worn by every
child age 13 and under on an open boat.
Representative Hudson stated that this bill combines the
lifesaving forces of the USCG with new life saving forces
of the state. He added that the bill would expand boat
safety education into the schools, on the docks and
continue the work of the Coast Guard auxiliary. He assured
that the work of the USCG would not diminish, but would
allow a safety program to be implemented.
Representative Hudson stressed that no new state funds
would be required for this legislation noting that federal
funds and registration fees collected by the DMV would pay
the program.
Representative Hudson shared that the approximately
$600,000 of federal marine fuel taxes Alaskans pay, leave
the state and goes to other states that already have a
boating safety education program. Under this legislation,
he asserted this money would stay in the state and become
the education fund that would be used to purchase life
jackets and to provide boater safety education.
Representative Hudson reiterated that the emphasis of this
bill is education by Alaskans in area-appropriate manners.
He gave the Kids Don't Float, loaner life jackets program,
as an example of locally conducted programs.
Representative Hudson told the Committee that Alaska
suffers ten times the national average of marine
recreational deaths. In the previous three years, he stated
that 75 adults and children died of these causes. He
attested that most other states that have inducted boater
safety programs have reduced boater fatalities by one-half.
He believed that with a longer coastline, more lakes and
rivers than any other state, Alaskans should want to
prepare its children and citizens with the best knowledge
and equipment to help save their lives.
By working with the USCG, Representative Hudson said
volunteers would conduct courtesy vessel examinations for
new boat owners and also halt reckless operations that pose
a hazard to others.
Representative Hudson addressed the vessel registration
surmising that having a uniform system would aid in search
and rescue operations. He noted that abandoned boats could
be traced back to its owners and subsequent information
could be gathered about the number and abilities of anyone
who had been aboard that vessel.
Representative Hudson shared that he spent many years in
the USCG performing search and rescue operations.
Representative Hudson assured that the intent of the bill
is not to police boating activities but to rather educate
boaters. He stated that 75 percent of the funds returned to
the state from the USCG would be used for education.
JOE MCCULLOUGH testified via teleconference from Homer in
support of the bill saying there was no doubt in his mind
that this bill would save lives and would facilitate a
smarter user group.
ALAN PARKS, Commercial Fisher, testified via teleconference
from Homer about how the education he received from the
Commercial Fishing Safety Act saved his life during a
boating accident.
NOELLE MCCULLOUGH testified via teleconference from Homer
saying that the children of the state would benefit from
the kinds of water safety training this bill would provide.
MAKO HAGGERTY, Chair, Katchemak Bay State Parks Citizen's
Advisory Board, testified via teleconference from Homer
that the board passed a resolution supporting this bill.
CRAIG FOREST, lifelong Alaskan testified via teleconference
from Homer representing the USCG Auxiliary and himself told
about his own and his family's extensive boating
experiences. He said the bill would accomplish two
important things, receiving funding for education programs
and instituting safety equipment and practices into law.
MARIE SCHOLLE, Chair, Governor's Advisory Council on
Safety, Representative, American Society of Safety
Engineers, and 32-year Alaska resident, testified via
teleconference from Fairbanks in support of the bill. She
emphasized that this bill would provide the necessary funds
to provide boater education to rural sites.
MIKE FOLKERT, Chair, Alaska Boating Safety Advisory Council
testified via teleconference from Anchorage in favor of the
bill and about the lives that would be saved by
comprehensive boater safety education.
Co-Chair Torgerson listed others available via
teleconference to answer questions.
Amendment #1: This amendment inserts a new section in the
committee substitute as follows.
Page 7, following line 25
Insert:
Sec. 05.25.052. Uniform state waterway marking
system. The department shall develop and adopt
regulations establishing a uniform state waterway
marking system for the placement of regulatory
markers. The regulations must be compatible with the
system of aids to navigation prescribed by the United
States Coast Guard.
This amendment also makes conforming changes elsewhere in
the committee substitute as appropriate.
Co-Chair Parnell moved for adoption and explained the
Uniform State Waterways Marking System is a system of
marking waterways with navigation aids and includes such
markers as the familiar red and green buoys. He assured
that inclusion of this provision in the bill does not
require Alaska to implement waterway markers, but rather
indicates that if the state deems navigational markers
necessary on a particular waterway, the uniform systems can
be utilized. He noted that the chair of the Senate
Resources Committee is in agreement to this amendment and
that this provision was inadvertently removed from the bill
by the Senate Resources committee substitute.
There was no objection and the amendment was ADOPTED.
Senator Wilken asked how the requirement for children to
wear a personal floatation device (PFD) was established at
age 13.
Representative Hudson replied the age is set in current
state law.
Senator Wilken commented that he thought 13 years is too
old to require PFDs to be worn. He verified that changing
this would not hamper federal funding.
Senator Wilken asked if the bill contains a requirement for
boat owners to carry insurance.
Representative Hudson answered there is no such provision.
Senator Wilken next asked if the Department of Public
Safety is the only agency that is authorized to enforce the
laws proposed in bill.
Tape: SFC - 00 #100, Side B 10:40 PM
Representative Hudson responded that the Department of
Public Safety could grant enforcement authority to park
rangers at the Department of Natural Resources.
Senator Wilken referred to the fiscal note and said he was
surprised that no impact is indicated for the Division of
Fish and Wildlife Protection.
MELINDA HOFSTAD, staff to Representative Hudson replied
that she had talked to a representative of the division to
verify that there would in fact be no increased costs with
this legislation.
Senator Wilken commented that he was raised on a lake
outside Fairbanks and had yet to see a death occurring in
the area. While he thought this bill is necessary for
saltwater areas, but not appropriate for those areas where
boaters can never leave sight of shore. He appreciated and
agreed with the sponsor's intent, but thought it was not in
the best interest of those in the district he represents.
He asserted that the bill is "too much government." He
stated that he would not object to moving the bill from
Committee, but he would vote against its passage from the
Senate.
Representative Hudson advised that one-third of all
drowning deaths in Alaska occur on freshwater.
Senator Leman asked about the safety equipment required for
open vessels, such as skiffs.
Representative Hudson replied that if a boat has a motor, a
fire extinguisher is required. He clarified that the safety
equipment requirements are established and enforced by the
USCG and are in effect whether this bill passes or not. He
added that the USCG and state statute also requires a light
that can be displayed when operating at night.
Senator Leman commented that he requires all passengers in
his boat to actually wear a PFD. He noted the bill requires
an additional PFD that can be thrown and asked for a
definition.
Representative Hudson answered that a PFD device that can
be thrown, either a ring or a floatation cushion is
required in federal law.
Senator Leman shared that the reason he questioned the
requirement is because many smaller vessels have very
limited space to carry items.
Representative Hudson responded that the safety gear could
be accommodated if the boat is loaded correctly. He
attested to the lifesaving benefits of a throwable PFD.
Senator Phillips offered a motion to report from Committee,
SCS CS HB 108 (RES) as amended.
[NOTE: The sound system was inadvertently disconnected and
the remainder of the meeting was not recorded. No action
was taken on the bills heard.]
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