02/16/2018 03:30 PM Senate RESOURCES

         SB  92-VESSELS: REGISTRATION/TITLES; DERELICTS                                                                     
                                                                                                                                
3:52:46 PM                                                                                                                    
CHAIR  GIESSEL called  the meeting  back to  order and  announced                                                               
consideration of  SB 92 [CSSB  92(RES), version  30-LS0481\J, was                                                               
before  the  committee].  This  is  its  third  hearing  in  this                                                               
committee  and   a  committee  substitute  was   adopted;  public                                                               
testimony  was concluded.  A deadline  for amendments  was for  5                                                               
p.m. yesterday and none were received.                                                                                          
                                                                                                                                
SENATOR  MICCICHE, sponsor  of SB  92, Alaska  State Legislature,                                                               
Juneau, Alaska,  said this  bill originally  had two  pieces: one                                                               
was  identifying ownership  and responsibility  for a  vessel and                                                               
the other  was financial capacity  to be responsible.  Because of                                                               
difficulties  some  people  had,   they  decided  to  remove  the                                                               
insurance  requirement, but  more  work  needs to  be  done on  a                                                               
cradle-to-grave situation.                                                                                                      
                                                                                                                                
He related that  one of his vessels he has  owned since 1985, and                                                               
when  he gets  to the  point  of moving  on to  a new  commercial                                                               
fishing vessel,  his boat will  probably be purchased  by someone                                                               
who is  in a different  stage of vessel  care and the  ability to                                                               
invest in that vessel. At some point  it could end up in a harbor                                                               
with a lot  of marine growth and will eventually  start sitting a                                                               
little bit lower in the water.                                                                                                  
                                                                                                                                
Things happen  to vessels over time.  When it gets to  that point                                                               
harbor master  will have the  tools to  know who owns  the vessel                                                               
and to  be able to notify  him of problems. If  the problem isn't                                                               
dealt with,  the boat will get  pulled out of the  water while it                                                               
is still  afloat for just  a fraction of  the cost of  lifting it                                                               
from the bottom of the harbor or  a channel. This is a first step                                                               
in that process.                                                                                                                
                                                                                                                                
SENATOR COGHILL asked  what the intent is of  the forfeiture rule                                                               
on page 5, line 25.                                                                                                             
                                                                                                                                
SENATOR MICCICHE  replied that "or"  is because  the municipality                                                               
or state  has the flexibility to  realize taking a vessel  out of                                                               
the water  is the best option.  Hopefully, it never results  in a                                                               
misdemeanor or  a fine;  hopefully one can  arrive at  a solution                                                               
that avoids a  vessel being on the bottom. But  the state must be                                                               
given the opportunity to act and that includes up to forfeiture.                                                                
                                                                                                                                
He  added that  sometimes a  boat owner  no longer  lives in  the                                                               
state and  forfeiture may be the  only way to remove  the vessel.                                                               
In other cases,  an owner may not be financially  capable of even                                                               
removing the  vessel from the  water. This measure  delivers some                                                               
options  and a  little  bit of  a  stick for  folks  that may  be                                                               
fighting to have the vessel dealt with.                                                                                         
                                                                                                                                
SENATOR  COGHILL said  the testimony  from the  working group  on                                                               
this was "truly  impressive," and this is a  partial solution. He                                                               
didn't want to  go down the road  of tools that were  going to be                                                               
costlier to do or could be misused.                                                                                             
                                                                                                                                
He  noted that  SB  92  has civil  penalties  and forfeiture  and                                                               
should probably should go to the Judiciary Committee.                                                                           
                                                                                                                                
CHAIR  GIESSEL  reminded  the   committee  that  Senator  Coghill                                                               
brought up the  cost involved, and the fiscal note  is there from                                                               
DMV  and not  yet from  DNR. But  they heard  that one  vessel in                                                               
Dutch Hour  cost 250 hours of  DNR Division of Mining,  Land, and                                                               
Water staff time.                                                                                                               
                                                                                                                                
4:00:55 PM                                                                                                                    
SENATOR  BISHOP  asked  if  a  vessel  is  deemed  worthy  to  be                                                               
preserved by the division, would that be honored.                                                                               
                                                                                                                                
The DNR commissioner [in the audience] indicated yes.                                                                           
                                                                                                                                
CHAIR GIESSEL noted three fiscal notes attached to the bill; one                                                                
from DNR, one from DEC, and one from the Division of Motor                                                                      
Vehicles (DMV).                                                                                                                 
                                                                                                                                
SENATOR  COGHILL  moved  to  report  CSSB  92(RES),  version  30-                                                               
LS0481\J,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).  There were no objections and  it was so                                                               
ordered.