Legislature(2003 - 2004)
04/20/2004 03:40 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 93(FIN)-BOATING SAFETY,REGISTRATION, NUMBERING
CHAIR GARY STEVENS announced HB 93 to be the next order of
business. [The committee considered SCS CSHB 93(TRA).]
LINDA SYLVESTER, staff to Representative Bruce Weyhrauch,
explained that the bill reauthorizes the boating safety program
that passed in 2000. "It created a superb comprehensive boating
safety statute for Alaska." As a result, safety on Alaska's
inland and marine waters increased and fatalities decreased.
The Act did two things: it consolidated boating
regulatory functions and it created a steady funding
source for boater education programs for the state of
Alaska. Funding for the new registration function is
derived from federal motor fuel taxes collected in
Alaska as well as revenues from the boat registration
program.
Originally the bill had a sunset to ensure that this didn't
become an unfunded mandate if the federal funds didn't continue.
The federal funding stream is currently in place and the House
Finance Committee placed a 2010 sunset provision on the program.
MS. SYLVESTER noted that there are 350 active sites in about 140
communities across the state that participate in the "Kids Don't
Float" lifejacket loan program. This is a successful program
that is funded by the boating safety program.
SENATOR JOHN COWDERY asked if this included documented boats or
just registered boats.
SUE HARGAS, Coast Guard Boating Safety Specialist, told him this
includes only registered boats. Documented boats are documented
under a national documentation program.
SENATOR COWDERY said, "I just wanted that on the record. I knew
that."
MS. HARGAS told Senator Cowdery that the program wouldn't affect
his boat. Continuing, she said Alaska has done a good job with
the program since inception. "Alaska was the last state in the
nation to take a program on and [the state] really took the
opportunity to work with us and work with other states to put
together a good program." This is an education rather than
compliance program with 75 percent of the federal proceeds going
to education and safety.
The authority for the programs went to the states in 1958 and
the funding followed in 1971. Since September 11 it's become
more important for states to run the program because the Coast
Guard has increased national security duties.
SENATOR BERT STEDMAN noted some of the exemptions and was
curious why recreational boat tenders aren't exempted.
MS. HARGAS explained that the federal law requires that all
boats equipped with machinery propulsion be registered. The
original exemption for less than 10 feet was included because
the Legislature decided to include registration requirements for
vessels not equipped with machinery propulsion that were over 10
feet long. This meant that canoes, kayaks and other similar
craft had to be registered.
Since that time the public has spoken up in opposition to that
requirement so that was one of the first things taken out. As
written, CSHB 93(TRA) requires any boat with machinery
propulsion to be registered, which is in line with the federal
requirement, and does not require non-motorized vessels to be
registered. "Tenders under both federal law and state law would
be required to register."
SENATOR STEDMAN asked for verification that tenders would have
to be registered regardless of state law because federal
requirements trump state laws.
MS. HARGAS agreed.
SENATOR STEDMAN asked what happens if you put a 2 HP motor on
your canoe.
MS. HARGAS told him that once you put a motor on the canoe,
you'd have to register it. "Anything that's equipped with
machinery propulsion. Same thing with sailboats; if they have a
motor on them, which many sailboats do, they have to register."
SENATOR STEDMAN remarked that he didn't agree with the
requirement.
CHAIR GARY STEVENS noted that Jeff Johnson, with the Office of
Boating Safety in DNR, was available to answer questions. He
then called on Mr. Quinlan.
KEVIN QUINLAN, chief of safety advocacy at the National
Transportation Safety Board (NTSB) in Washington D.C., described
the board as the independent transportation accident
investigation agency. He reiterated, "The Boating Safety Program
is an exceptionally effective program. Nationally we were
running about 1,200 fatalities per year before the Boating
Safety Program started and we're down to about 6 or 7 hundred
now."
His only criticism of the bill was in Section 3. Because the
program is so successful, he could see no reason for the sunset;
this should be a permanent program.
SENATOR STEDMAN asked how boats without title are addressed.
MR. QUINLAN told him the Coast Guard representative was better
able to answer that question.
MS. HARGAS advised that there has been better compliance since
the state took over the program. She opined this is because
there is an increased awareness of the program and it's more
convenient and visible located in the DMV.
She asked if that addressed his basic question. The number of
registrations is up and they haven't heard resistance from
boaters regarding fees, which are $24 for 3 years.
SENATOR STEDMAN replied boaters are motivated when fish and game
officers check fishing licenses and find boats that aren't
registered. He reported that all his motorized boats are now
registered. "We're all-legal now," he said.
MS. HARGAS said that the Coast Guard relies on those numbers
heavily for search and rescue operations. They are particularly
important in the coastal areas and Southeast Alaska in
particular.
CHAIR GARY STEVENS announced that he would lose a quorum in nine
minutes and he would like to move the bill.
JACK CADIGAN, Captain, U.S. Coast Guard, retired, stated that he
was representing the Coast Guard auxiliary, an organization that
has 400 volunteers around the state. He read testimony in
support of HB 93 into the record. A copy of his full testimony
may be found in the bill file.
There was no further testimony.
SENATOR COWDERY made a motion to move SCS CSHB 93(TRA) from
committee with accompanying fiscal note and individual
recommendations. There being no objection, it was so ordered.
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