Legislature(2003 - 2004)
04/14/2003 01:41 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 93
An Act relating to boating safety; repealing secs. 3,
5, 7, 9, 11, 14, 16, 18, 20, 23, 26, 27, and 30, ch.
28, SLA 2000; and providing for an effective date.
LINDA SYLVESTER, STAFF, REPRESENTATIVE BRUCE WEYHRAUCH,
testified that HB 93 was the reauthorization of the Boating
Safety Act. She advised that the "form" of the bill was
confusing. In 2000, HB 108, the Alaska Boating Safety Act,
sponsored by Representative Bill Hudson was passed. She
noted that HB 93 had been introduced at the request of the
Coast Guard.
Ms. Sylvester pointed out that the Act would eliminate the
sunset provision. Additionally, if the steady funding does
not come through, the program would be eliminated. The
legislation guarantees that the funds are there and that the
language, which would sunset the provision, would be
eliminated.
She noted that the bill had been amended in the House
Transportation Committee. That Committee eliminated the
most controversial provision, the requirement for non-
powered boats to be registered. The Coast Guard is
"comfortable" with that change as is Representative
Weyhrauch. The State of Alaska would be missing out on
about $39,000 dollars in registration fees that would be
used to register non-powered boats, ten feet and over.
Representative Stoltze asked if the bill would allow for
someone from out of State to bring a truck full of kayaks
into Alaska, creating a little summer industry. He thought
that could cost the Coast Guard a lot of money. Ms.
Sylvester replied that would be allowed if those boats did
not have a motor and were less than ten feet long.
Representative Joule asked if the umiaks from the northern
Alaskan coastal communities would have to be registered.
Co-Chair Harris asked if it was automatic that the Coast
Guard requires registration for any commercially used boat.
TAPE HFC 03 - 57, Side B
MIKE FOLKERTS, (TESTIFIED VIA TELECONFERENCE), RECREATIONAL
BOATING SAFETY SPECIALIST, U.S. COAST GUARD, commented that
the Coast Guard does support HB 93. The Coast Guard does
carry on the Boating Safety Program under #131, Title 46,
the United States Code. The goal is to encourage the states
to assume the major role in providing the boater safety
mission. Federal financial assistance to the state is
provided through the boating safety account, Aquatic
Resources Trust Fund, also known as the Wallop Trust Fund.
Part of the eligibility requirement to receive the funding
was achieved in HB 108. That bill was passed with a sunset
clause that would allow the Legislature to revisit the law
to assure that consistent and adequate funding was in place.
HB 93 repeals that sunset allowing the law to become
permanent. That action will help build a long-term program
and reduce recreational boating fatalities.
Mr. Folkerts reiterated that the Coast Guard does support HB
93 and will maintain their relationship with the State of
Alaska. He added that under current law, if the boat is
over ten feet long, registration is required; however, under
federal law that is not true unless the craft is powered.
Representative Stoltze inquired why the bill was not up for
another sunset consideration. Mr. Folkerts responded that
the benefit of the repeal would make the law permanent. He
noted that there are a couple things within the law that
need to be fixed and that once the law became permanent,
then those concerns could be more inline with the federal
requirements. He stressed that at this point, it is a "bare
bones" law. If the law does sunset, the State could loose
all their federal funding plus the registration money. The
federal government, through Title 46, is required to
transfer responsibility of the boating safety regulations to
each state.
Representative Stoltze interjected that Mr. Folkerts
testimony made him uncomfortable with anything more than a
sunset. Representative Stoltze indicated that he would like
to maintain a certain amount of control over the program in
order to guarantee that the State can "revisit" any
problems. He reiterated that he would prefer another
extension.
Representative Croft asked if the bill would be held in
Committee as he had concerns with the "non-motorized" issue.
He stated that the non-motorized registration has been an
overly burdensome requirement that frustrates people.
Co-Chair Harris referenced the fiscal note by the Department
of Administration, pointing out the one increased part time
position. Ms. Sylvester countered that the note indicates a
decrease, not an increase of one position.
Representative Stoltze requested that the Coast Guard
provide a breakdown of their rescue costs associated with
both the non-motorized and motorized boats for the next
scheduled meeting on the legislation. Mr. Folkerts
responded that he would make that information available.
Ms. Sylvester interjected that from evidence provided in
other committee hearings, there is no justification to
eliminate non-powered boats. She added that a person would
be just as likely to drown on a non-powered boat as on a
powered boat. The common risk factor is the "water". It
would be a policy decision made by the State regarding
whether to register the small "fun" crafts.
Co-Chair Harris noted that his staff had indicated from
information supplied by the Coast Guard, that 25% of all
boating fatalities from 1991-2000 were in non-motorized
craft. He stressed the significant impact on the Coast
Guard rescue.
Representative Stoltze mentioned that there is growing
resentment within his constituency, paying for programs that
they do not like. He recommended that there should be some
type of equity issue, forcing people to look at the value of
the program.
MARK JOHNSON, CHIEF, COMMUNITY HEALTH AND EMERGENCY MEDICAL
SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, noted
that the Department of Health & Social Services supports the
bill. He commented that the Department is particularly
interested in seeing the deaths from drowning reduced.
Prior to the legislation, there were approximately 29
drownings per year; since the legislation passed, that
number has been reduced to approximately 16-21. Some of the
money, which Alaska has become eligible for from the federal
government, has been used in the Emergency Medical Services
office in communities throughout the State for the "Kids
Don't Float Program". Mr. Johnson concluded that boating
safety is working statewide.
Co-Chair Williams asked the Department's view on motorized
versus non-motorized boats. Mr. Johnson acknowledged that
some drownings have resulted in the non-motorized vehicles.
He agreed it would be a judgment call for the Legislature to
make.
CHUCK HOSACK, (TESTIFIED VIA TELECONFERENCE), DEPUTY
DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF
ADMINISTRATION, pointed out that the Division has submitted
a fiscal note indicating a decrease in the budget and a
slight decrease in revenue in dropping the requirement to
register non-motorized boats. He added that the part-time
position should be indicated as a loss of one position. Mr.
Hosack offered to answer questions regarding the program.
Co-Chair Williams stated that the bill would be HELD in
Committee for further consideration.
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