Legislature(2011 - 2012)BARNES 124
02/22/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB301 | |
| HB252 | |
| HB300 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 301 | TELECONFERENCED | |
| *+ | HB 252 | TELECONFERENCED | |
| *+ | HB 300 | TELECONFERENCED | |
HB 301-SUNSET OF BOATING REGULATION
3:21:16 PM
CHAIR OLSON announced that the first order of business would be
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."
3:21:56 PM
REPRESENTATIVE ALAN AUSTERMAN, Alaska State Legislature, stated
that he served in the legislature when the initial boating
safety bill sponsored by former Representative Bill Hudson
passed the legislature. He offered his belief that this program
has saved lives.
3:22:58 PM
ASTRID LIEVANO, Staff, Representative Alan Austerman, stated
that the purpose of HB 301 is to repeal the sunset dates of the
Statewide Borating Safety and Education Program, which will
terminate on July 1, 2013. She explained that funding is
provided by the U.S. Coast Guard. In 2000, the state became
eligible for funding with passage of the Alaska Boating Safety
Act. When the program was established the 21st Legislature
cautiously added two sunset dates. The first repealed the act
in the event that the state did not receive the anticipated
federal funds; and the second sunsetted the program by date.
Since then, the legislature has voted three times to extend the
program thereby recognizing its merits. The program has been in
effect for 12 years, during which time recreational boaters have
become better educated and safer and recreational fatalities are
in a downward trend.
MS. LIEVANO explained that fatalities have dropped by 22.1
percent and at least 22 Alaskan children have survived water
emergency thanks, in part, to a Kids Don't Float program, which
dispenses life jacket loaners. The U.S. Coast Guard life jacket
wear rate studies also show increases in life jacket use. The
Alaska Boating Safety Program is funded entirely by fees on
users, with a portion of funding derived from the Sportfish
Restoration and Boating Trust Fund, and the balance is derived
from State of Alaska boat registration receipts.
3:25:00 PM
MS. LIEVANO reported the federal funding grant for FY 2012 was
$913,385 and the state funding through the Division of Motor
Vehicles (DMV) has consistently been $200,000. She offered her
belief that Alaska's investment for boating safety is small when
compared to the lives saved in Alaska.
3:25:32 PM
REPRESENTATIVE MIA COSTELLO, Alaska State Legislature, asked
whether this is the program that provides life jackets at Sand
Lake.
MS. LIEVANO answered yes.
CHAIR OLSON reported life jackets are also used on the Kenai
River and he has heard they have a positive impact.
3:26:26 PM
REPRESENTATIVE JOHNSON said he supports this bill 100 percent
and noted the program is very worthwhile.
3:26:50 PM
REPRESENTATIVE CHENAULT indicated the costs in 2005 were
$478,000, but in 2006 the costs increased to $787,000, and now
the program costs are $1,400,000. He questioned the increase in
program costs.
MS. LIEVANO asked for clarification on whether he was referring
to the overall costs or why the federal funds have increased.
REPRESENTATIVE CHENAULT related that it appears the costs have
stayed constant through the DMV, but the federal funding has
nearly doubled since 2005.
MS. LIEVANO agreed the U.S. Coast Guard's funding for boating
safety funding has increased.
3:28:18 PM
REPRESENTATIVE SADDLER said he hoped Jeff Johnson would be
staying on as the DNR officer for the program. He stated he has
had an opportunity to work with him and Mr. Johnson brings a
wealth of institutional knowledge and energy to the program. He
commented that he hopes the boating safety program will continue
and Mr. Johnson also continues as staff for this program. He
asked for clarification on any new functions or areas would be
performed with the expansion of the program.
REPRESENTATIVE AUSTERMAN acknowledged that the program has
expanded and he was unsure what is planned; however the
Department of Natural Resources could respond.
3:30:08 PM
JEFF JOHNSON, Boating Law Administrator, Office of Boating
Safety, Division of Parks & Outdoor Recreation, Department of
Natural Resources (DNR), in response to a question, stated that
this program's emphasis is on changing behavior and providing
education in the schools.
REPRESENTATIVE SADDLER asked whether this agency cooperates with
other agencies.
MR. JOHNSON answered that many other programs were in effect at
the time their program was developed, including U.S. Coast
Guard, and the Kids Don't Float Program. The Office of Boating
Safety's focus has been on changing behavior, in particular,
adult male behavior. Their other focus has been to educate
future boaters through the school programs. He pointed out one
challenge for injury prevention is to reach rural Alaskans. He
said that the division saw opportunities to help and the goal is
to maximize funds through cooperation and take the term
"partnership" seriously.
REPRESENTATIVE SADDLER asked if this program is unique to
Alaska.
MR. JOHNSON answered no, that 56 states and territories have
state boating programs in effect. In 1987, Alaska was the only
state without a program, even though its fatality rate has been
more than 20 times the national average. He pointed out one
benefit of coming into the scene late that Alaska has been able
to benefit from other programs. He said is proud of the
effectiveness of the small number of programs in Alaska and that
Alaska is making progress.
3:33:49 PM
REPRESENTATIVE CHENAULT wondered whether the program will
continue to receive federal funding or if the funding will be
reduced.
MR. JOHNSON answered that the funding for the program comes from
the Sport Fish Restoration and Boating Trust Fund, which is part
of the Highway Trust Fund, but it is a user-pay user-benefit
system. Thus much of the revenue is derived from fuel taxes
attributable to recreational power boats and excise taxes on
sport fishing equipment. It was designed as a user-pay user-
benefit system, which is widely supported by boating
organizations around the country. He acknowledged that he could
not predict what the Congress will do in terms of any budget
cuts; however, he did offer his belief that this program has a
lot of support. He said it is a direct benefit to users paying
into it and is perceived that way nationally. Additionally, the
program is a very small program as compared to many other
programs. He related his understanding that the program has a
proven track record. He offered his belief the way to survive
budget cuts is to prove the job being done is a good job. He
also said he thinks staff is doing a good job.
3:35:33 PM
BEN ELLIS, Director, Division of Parks and Outdoor Recreation,
Department of Natural Resources (DNR), agreed that funding is a
concern; however, he anticipates the federal transportation
funding bill will go through and the program will be safe for
the present time.
3:36:20 PM
REPRESENTATIVE CHENAULT agreed the program is a good program.
He pointed out that although the military also does a good job,
it has undergone funding issues. Additionally, even the
educational system is subject to budget cuts. He offered his
support the Boating Safety Program, but he cautioned that the
federal government is making cuts.
3:37:47 PM
CHRIS OSOWSKI, Member, Alaska Boating Safety Advisory Council,
stated that the council meets twice a year with DNR to evaluate
the success of the programs. He said he is familiar with
Alaska's waterways since he has lived in Alaska since 1970 and
his family has a homestead that can only be accessed by the
river system. He viewed this program as one designed to help
develop safe habits to ensure people survive. He has
participated as a volunteer and has observed how this program
works. He characterized this program as a good program and it
would be worthwhile to focus on meeting the program's goals and
not have to worry about funding.
3:39:23 PM
CHAIR OLSON asked whether any funding is being used to drown-
proof infants. He recalled that very young infants can be
taught to develop a reflex action, such that they can roll over
in the water and keep their head out so they can breathe. He
related that he has had personal experience with a family member
who fell off a sailboat and survived due to the specific drown-
proof training.
MR. OSOWSKI related his understanding that discussions have
focused on floatation devices, but have not proceeded with this
type of training. The program's training has been limited to
instilling the value of wearing floatation devices and dangers
of cold water. He offered to bring this idea back to the group.
REPRESENTATIVE JOHNSON welcomed his constituent. He
characterized him as a "good guy."
3:41:28 PM
REPRESENTATIVE SADDLER raised the issue of funding the program
in the event federal funding was diminished. He asked if the
Alaska's boating registration fees are the same or higher than
in other states.
MR. OSOWSKI offered his belief that they were in line with other
state's fees.
REPRESENTATIVE SADDLER questioned the amount of fees raised from
boat registration fees.
MR. JOHNSON answered $570,000 is derived from boat registration
receipts. He said the fee for boat registrations is one
developed by the U.S. Coast Guard. He explained that the
Congressional budget office requires federal agencies must
charge no more than the cost of the boat registration. The
figure represents the cost to register boats in 1998 and so the
same fee is still in place. He was unsure, but thought that
Alaska's boating registration fees are likely among the lowest
in the nation.
MR. ELLIS stated that this bill relates to the sunset of the
state requirement; however, he agreed that the state must
consider developing a safety net in the event that the federal
funding is cut so this important program can continue. He
mentioned that swimming doesn't always help people survive due
to the cold water in Alaska.
3:44:13 PM
REPRESENTATIVE SADDLER recalled the figure of $578,000 and asked
whether this is what Alaska receives or generates in fees.
MR. JOHNSON answered that the DMV collects $578,000 annually
from boating registration fees. He related that the program
receives a portion of the fees collected and the DMV uses a
portion to cover its administrative costs.
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 301.
3:45:08 PM
REPRESENTATIVE JOHNSON moved to report HB 301 out of committee
with individual recommendations and the accompanying fiscal
note. There being no objection, HB 301 was reported from the
House Labor and Commerce Standing Committee.
3:45:44 PM
The committee took an at-ease from 3:45 p.m. to 3:48 p.m.