Legislature(2011 - 2012)HOUSE FINANCE 519
03/15/2012 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB301 | |
| HB245 | |
| HB179 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 301 | TELECONFERENCED | |
| + | HB 245 | TELECONFERENCED | |
| + | HB 179 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 301
"An Act amending the termination date of certain
statutes relating to the use, operation, and
regulation of boats, a uniform state waterway marking
system, and civil liability for boat owners; providing
for an effective date by amending the effective date
of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and
27, ch. 28, SLA 2000, as amended; and providing for an
effective date."
8:55:29 AM
Vice-chair Fairclough MOVED to ADOPT proposed committee
substitute for HB 301, Work Draft 27-LS1152\M (Martin,
3/13/12).
Co-Chair Stoltze OBJECTED for purpose of discussion.
JOE MICHEL, STAFF, REPRESENTATIVE BILL STOLTZE, explained
the changes in the CS. There were two sections at the
beginning of the bill that had been inserted; and he read
the inserted language in Sections 1 and 2. The wording in
Section 1 said, "Nothing in this chapter authorizes a
department or board to enter into an agreement with a
department or agency of the federal government that cedes
state authority for the management of its waterways to the
federal government." He furthered that subsections (b),
(c), and Section 2 inserts the new wording, "other than a
person employed by the federal government." He explained
that the wording currently existed in state statute.
Co-Chair Stoltze noted that the language was consistent
with the state's rights and assertions.
Representative Guttenberg wondered if there was cooperation
between a state and federal agencies would preclude the
bill from happening. Mr. Michel deferred the question to
the Department of Natural Resources (DNR).
Co-Chair Stoltze discussed that the language had been
vetted with the Attorney General, to ensure that it did not
contradict agreements with the Coast Guard. The subject was
a narrow issue pertaining to enforcement.
Representative Guttenberg wondered if the language applied
specifically to the program, or if it had a broad range of
application. Co-Chair Stoltze replied hoped it would have a
broad application.
Representative Gara referred to an earlier version of the
bill that included regulation on non-motorized boats. He
wondered if the work draft included regulation on non-
motorized boats. Co-Chair Stoltze responded that the
original bill, introduced by former Representative Bill
Hudson, had a reference to boats that were under a certain
length.
8:59:27 AM
Representative Gara restated his question about non-
motorized boats
Mr. Michel deferred the question to DNR.
Co-Chair Stoltze stated that Representative Gara's concerns
would be addressed by the bill sponsor.
Co-Chair Stoltze WITHDREW his OBJECTION. There being NO
further OBJECTION, Work Draft 27-LS1152\M was ADOPTED.
REPRESENTATIVE ALAN AUSTERMAN, SPONSOR, informed the
committee that the original bill had been introduced by
former Representative Bill Hudson. He believed the program
was helpful and saved lives.
ASTRID LIEVANO, STAFF, REPRESENTATIVE ALAN AUSTERMAN,
explained that HB 301 repeals the sunset dates of the
Statewide Boating Safety and Education Program. Through
this program the State of Alaska works in close cooperation
with the U.S. Coast Guard, U.S. Coast Guard Auxiliary, and
other partners to provide national award winning programs
such as the popular Kids Don't Float life jacket loaner
program, nationally approved boating courses, instructor
training, video production, and numerous publications and
instructor tools. Alaska's non-commercial boating
fatalities have dropped more than 20 percent since state
efforts began, and at least 19 Alaskan children are alive
today thanks to a Kids Don't Float life jacket. The program
has been repeatedly recognized for excellence, including
the U.S. Coast Guard's Meritorious Public Service Award.
Between 1987 and 2000 Alaska was the only state without a
comprehensive recreational boating safety program, even
though Alaska had one of the highest fatality rates in the
nation. During the same time, Alaska's share of the federal
funding available to the states for boating safety programs
was being distributed to the others states. Following 11
attempts at passage, in May of 2000, HB 108, the Alaska
Boating Safety Act (AS 05.25) was signed into law. When the
program was established, the 21st Legislature originally
added two 'sunset' provisions to repeal the Alaska Boating
Safety Act in the event the state did not receive the
anticipated federal funds. The first sunset would take
effect and the Boating Safety program would terminate if
federal funds were not appropriated. The second sunset
terminated the program by date, currently July 1, 2013. The
boating safety program had been in effect for twelve years,
and recreational boaters were safer, better educated, and
recreational boating fatalities were on a downward trend.
In comparing the number of fatalities during the first and
second half of the last ten years, fatalities had dropped
22.1 percent. At least 22 Alaska children survived a water
emergency thanks to a "Kids Don't Float" lifejacket. The
United States Coast Guard wear rate studies also show that
there are increases in lifejacket use.
9:03:40 AM
Representative Guttenberg looked at Section 3, and wondered
if there were no federal funds; and if Legislative Council
was given authority to fill the gap. Representative
Austerman replied in the affirmative.
Representative Gara wondered whether the sponsor was
working with the Coast Guard on the Kids Don't Float
program. Representative Austerman replied that he was
working with the Coast Guard as it relates to HB 301.
Representative Gara believed that some of the current life
jackets were good for lakes and calm bodies of water, but
would not prevent kids from drowning in white water rivers.
He wondered if he needed to work on that issue, or if the
bill sponsor could look into that issue. Representative
Austerman replied that the issue should be addressed by
DNR.
Representative Gara remarked that the "good" life jackets
were often easily stolen.
BEN ELLIS, DIRECTOR, DIVISION OF PARKS AND OUTDOOR
RECREATION, DEPARTMENT OF NATURAL RESOURCES (via
teleconference), expressed support for the bill. The
language should not impact the ability to receive federal
boating safety grants and funds. The concerns of
Representative Gara would be addressed and evaluated.
JEFF JOHNSON, BOATING LAW ADMINISTRATOR, OFFICE OF BOATING
SAFETY, DIVISION OF PARKS AND OUTDOOR RECREATION,
DEPARTMENT OF NATURAL RESOURCES, introduced himself.
Co-Chair Stoltze confirmed that Mr. Johnson had also heard
Representative Gara's concerns. Mr. Johnson agreed.
Representative Edgmon pointed to a couple of parks in the
Bristol Bay area and the Togiak National Wildlife Refuge.
He wondered whether the bill would make any changes to
those parks. Mr. Johnson replied that no change would
occur.
Representative Wilson asked if a state park would qualify
for the program if it was under passive management. Mr.
Johnson replied that within the definition of "passive
management", DNR would determine whether the park would
qualify for the program, but state resources would not
continue to be used for the public.
Representative Wilson surmised that no life jackets had
been provided for the Chatanika River. Mr. Johnson replied
that he was not sure where state-provided life jackets were
available on the Chatanika River.
9:10:49 AM
JANE SCHULTZ, COORDINATOR, KENAI PENINSULA EMERGENCY
SERVICES (via teleconference), stated that the Kids Don't
Float program was a collaborative program between the
Department of Health and Social Services (DHSS), the U.S.
Coast Guard, Alaska Safe Kids, and local sponsors. There
were currently 617 active life jacket board stations in 249
communities. The Alaska Boating Safety program was the
primary supplier of life jackets throughout the state, with
34,722 lifejackets provided to date. The Kids Don't Float
school program provided boating safety education for Alaska
students. Attendance for the program totaled 84,000. There
were 2,129 boaters that had completed the training course
related to boater safety. There were currently 126
instructors on the water wise education registry. She
relayed that it was heartening to see families using the
lifejackets available at public boating areas.
9:14:51 AM
Co-Chair Stoltze CLOSED public testimony. He pointed to the
fiscal impact note from Department of Natural Resources.
Representative Wilson expressed concern about the
availability of lifejackets in parks that were currently
under passive management. She wanted to increase safety for
all children. Representative Austerman replied that he had
not had the passive management conversation, and stated
that he would have to look into the issue with Legislative
Legal and DNR.
Co-Chair Stoltze asked Mr. Johnson to contact
Representative Wilson's office on the question. Mr. Johnson
responded in the affirmative, and agreed to provide that
information.
Representative Gara appreciated the responsiveness of the
department related to the Kids Don't Float program.
Vice-chair Fairclough discussed the fiscal impact note that
authorized the receipt of federal and boat receipts. She
asked whether the note was authorizing four new positions.
Ms. Lievano replied that it was her understanding the note
reauthorized funding for the current staff. Mr. Johnson
agreed.
Vice-chair Fairclough discussed another four and two
positions on the fiscal note. Mr. Johnson clarified that
the stated positions were for the current employees.
Representative Gara asked whether it was feasible to add a
$5,000 general fund amount to the fiscal note for the
lifejackets on whitewater rivers.
Co-Chair Stoltze deferred to Co-Chair Thomas. Co-Chair
Thomas noted the amount was a capital budget item.
Co-Chair Stoltze stated that the inquiry was meant for
"another vehicle."
9:19:40 AM
Vice-chair Fairclough asked if an analysis could be
conducted about the number of whitewater areas to determine
an cost amount that would be necessary for additional life
jackets.
Co-Chair Thomas believed that some fisherman donated life
jackets to the program when their children outgrew them.
Co-Chair Stoltze noted that the conversation would occur at
a later date.
Co-Chair Thomas MOVED to report CSHB 301(FIN) out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHB 301(FIN) was REPORTED out of committee with a "do
pass" recommendation and with previously published fiscal
impact note: FN1 (DNR).
9:22:15 AM
AT EASE
9:26:19 AM
RECONVENED
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 245 Support Letters.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 245 |
| HB 245 Sponsor Statement.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 245 |
| HB 245 Sectional Letterhead.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 245 |
| HB 245 Background Info.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 245 |
| HB 245 FVCS House Finance Testimony.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 245 |
| HB 301 CS WORKDRAFT FIN-3.14.12.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 301 |
| HB301 Restrictions.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 301 |
| HB179 Law Chart.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 179 |
| HB179 Letter Support.pdf |
HFIN 3/15/2012 8:30:00 AM |
HB 179 |