Legislature(2003 - 2004)
01/29/2004 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.
Co-Chair Williams inquired if the sponsor of the bill wanted
to make a statement of clarification regarding the
legislation.
REPRESENTATIVE BRUCE WEYHRAUCH noted that the U.S. Coast
Guard was present to answer any questions of the Committee.
Co-Chair Harris referenced language on Page 2, Section 4, "a
boat that is not equipped with mechanical propulsion" and
asked if a sailboat of any length would be exempt.
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MICHAEL KENDALL, COMMANDER, CHIEF OF SEARCH & RESCUE, 17
COAST GUARD DISTRICT, JUNEAU, responded that it would be
exempt and would not be a problem for the Coast Guard. If
the boat had a kicker or dysfunctional motor, it could fall
under the provision.
Co-Chair Harris questioned why the Coast Guard would want to
exempt them. Commander Kendall responded that it does not
make a difference to the Coast Guard. Co-Chair Harris
acknowledged that it would not be affecting the Coast Guard.
Co-Chair Harris asked why the sunset is not being extended
so the law remains as currently written.
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MICHAEL SWANSON, 17 COAST GUARD DISTRICT BOATING SAFETY
ASSISTANT, JUNEAU, noted that would not be a problem except
that it would need to be "revisited" again at the end of
that sunset.
Co-Chair Harris asked if consideration had been given to
extending only the sunset. Representative Weyhrauch advised
that the reason he introduced the bill was because of the
large presence of the Coast Guard in this region and the
requested it. He pointed out that he also had assumed
Representative Bill Hudson's seat who supported the
legislation. The program demonstrates a positive fiscal
impact on Alaska. The law has been proven to save lives.
Co-Chair Harris warned that the issue goes beyond the sunset
concern and that the bill does indicate some exemptions. He
referenced the correspondence from the Alaska Outdoor
Council (AOC), voicing concern regarding the exemptions.
(Copy on File). He inquired if it would be better to deal
with a "no sunset" provision as the exemptions will end up
costing the State money.
LINDA SYLVESTER, STAFF, REPRESENTATIVE BRUCE WEYHRAUCH,
advised that the exemption is projected to cost the State
$30 thousand dollars. She pointed out that the issue of
including or not including the motorized boats has become an
emotional concern for everyone and suggested that it is a
"sensibility issue". Some people feel strongly that it
would not be good policy to require registration of boats
not used often.
Ms. Sylvester added that from the federal perspective, a
portion of the proceeds come from motor fuel taxes, which
connects it and makes sense that it is a federal regulation.
She advised that the priority was to keep the Boating Safety
Program in tact. She reiterated that the legislation has
picked up heated opposition in the Interior.
Co-Chair Harris questioned how the Interior would be
affected. Ms. Sylvester mentioned the inclusion requirement
for the non-motorized boats. She added that Representative
Holm, Chairman for the House Transportation Committee had
added that exemption.
Representative Stoltze MOVED to AMEND Page 2, Section 3,
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changing the effective date to June 30, 2008, making it a
five-year effective date and then making the appropriate
change to the title.
Co-Chair Williams OBJECTED for discussion purposes, asking
that if the law takes effect immediately, would that be the
date used.
Representative Weyhrauch explained that it would become
effective by signature of the Governor and noted that there
is no effective date listed in Section 4. It would be
immediate.
Co-Chair Harris pointed out that it would require a three-
quarter vote otherwise, it would be 90-days from the time of
the signature.
Representative Hawker asked Representative Stoltze about the
amendment and if the current Section 30 would trigger a
different repealor, taking effect based on one of two sets
of circumstances, either the passage of July 1, 2005 or the
90-days after the signature. He asked if it was the intent
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that the repealor trigger only the June 30, 2008 date.
Representative Stoltze believed that there was a complicated
series of effective dates and that the way in which the bill
was drafted reflects that. He hoped that the conceptual
amendment was "broad" enough to provide "leeway" for the
drafter.
PETER ECKLUND, HOUSE FINANCE COMMITTEE STAFF, REPRESENTATIVE
BILL WILLIAMS, explained that in current law, the sunset
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date is July 1, 2005. The conceptual amendment would
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change that to July 1, 2008, leaving the second repealor
that deals with receipt of the federal receipts. He
reiterated that there would still be two mechanisms in
place.
Representative Stoltze MOVED to AMEND the amendment,
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changing the date to July 1, 2010. Co-Chair Williams
WITHDREW his OBJECTION.
Representative Hawker OBJECTED to ask the sponsor if that
would be an acceptable amendment. Representative Weyhrauch
replied it would.
Representative Hawker WITHDREW his OBJECTION.
Representative Croft OBJECTED. He disagreed with keeping
the bill in its current form with the 2010 date. He
emphasized that the bill should not have a sunset as it
clearly is saving lives.
Representative Croft WITHDREW his OBJECTION and Amendment #1
was ADOPTED.
Representative Foster MOVED to report CS HB 93 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 93 (FIN) was reported out of Committee with a "no
recommendation" and with a new fiscal note by the Department
of Administration and a new zero note by the Department of
Natural Resources.
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