Legislature(1999 - 2000)
04/07/2000 03:20 PM Senate RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 108-USE, REGULATION, AND OPERATION OF BOATS
REPRESENTATIVE BILL HUDSON, sponsor of HB 108, gave the following
overview. HB 108 will establish a comprehensive recreational
boating safety program in Alaska. It will transfer vessel
registration from the U.S. Coast Guard to the Alaska Division of
Motor Vehicles (DMV), allowing persons to register a boat at any
DMV office by mail, on-line, or with boat dealers. Regulatory
authority for boat safety equipment required by federal and, in
some cases, state statute would essentially remain the same. The
bill specifies required safety equipment for boats by class and
updates the standards for life jackets. No new state money will be
required; the program will be paid for with Wallop/Breaux funds,
the registration fees collected by DMV, and the reimbursement of
federal marine taxes. The emphasis of HB 108 is on educating
people about boating safety. Alaska has no way to go but up as it
already suffers ten times the national average of marine recreation
deaths. Every other state has established a similar program and
most have cut their marine fatality rates in half.
TAPE 00-20, SIDE B
REPRESENTATIVE HUDSON continued. With the longest coastline in the
United states and more lakes, rivers and streams, Alaska should
want to prepare its citizens with the best knowledge and equipment
available to save lives. He envisions a program in which the State
partners with the U.S. Coast Guard Auxiliary. He does not envision
a huge new bureaucracy. He is absolutely convinced that HB 108
will save lives.
REPRESENTATIVE HUDSON discussed the changes made in the proposed
Senate Resources Committee substitute. First, the exemption for
non-mechanical boats was removed on page 10, line 13. He stated
that HB 108 originally included small boats. About half of the
states include them. The Coast Guard does not require registration
for small boats because it focuses on power boats which present
more serious hazards, such as explosions and fires. He pointed out
that many drowning fatalities in Alaska occur from travel in
canoes, kayaks, and other small craft. The House desired to remove
small craft from mandatory registration but to allow voluntary
participation. The Senate Resources CS also removed, on page 9,
line 1, the phrase, "ten foot or greater in length." When drafting
the bill, he chose that length because many recreational boaters
carry small shuttle boats on their power boats. He recommended
putting that phrase back in the bill.
SENATOR MACKIE asked Representative Hudson if that is the only
change in the CS that he takes exception to.
REPRESENTATIVE HUDSON replied there are three changes that he
disagrees with. He said the exemption for non-mechanical boats is
the committee's call. He cautioned that issue was contentious on
the House side so it may be difficult to get the House to agree to
the change. He personally does not believe that non-mechanical
boats fall into the same class as power boats which deal with fires
and explosions but he repeated that is a policy call.
SENATOR MACKIE asked if non-mechanical boats will have to be
registered under the CS.
REPRESENTATIVE HUDSON said that is correct.
CHAIRMAN HALFORD indicated two questions are being discussed and
that he agrees with Representative Hudson that boats ten feet or
smaller should be exempt. He said the problem is that about one-
third of the fatalities occur when people are boating in the
smaller class of boats. He noted that he has been contacted by
power boat associations who do not like the bill but feel strongly
that if enacted, it should apply to all boaters.
SENATOR MACKIE asked if exempting boats ten feet or smaller will be
a half-way point.
CHAIRMAN HALFORD stated it will at least remove some of them.
REPRESENTATIVE HUDSON clarified that would exempt any vessel under
ten feet without power from the registration requirements. Any
boat ten feet or longer will have to have a decal and be registered
every three years like power boats.
CHAIRMAN HALFORD noted the difference is between a dinghy and a
canoe. Most people carry dinghies on their power boats that are
less than ten feet but canoes and kayaks are usually longer than
ten feet.
REPRESENTATIVE HUDSON said leaving the exemption for boats ten feet
or smaller would give some relief. He stated the next area of
concern, which he believes is a policy call, is placing the
authority for this program with the Department of Public Safety
(DPS) rather than the Department of Natural Resources (DNR). He
pointed out that the original boating safety program in Alaska,
which is in statute, requires life saving equipment and reporting.
That program was originally under the purview of DPS but Governor
Knowles transferred it to DNR's Division of Parks in 1998. The
Coast Guard will give the State the authority to manage this
program regardless of which department it is housed in. He felt
DNR is more appropriate because the emphasis of the program is on
education rather than enforcement.
SENATOR MACKIE asked if the proposed CS recommends placing the
program in DPS and what position DPS has taken.
CHAIRMAN HALFORD said it would be housed in DPS and that DPS does
not want the program without the money. He indicated that his
constituency has expressed concern that placing the program under
the Division of Parks will give that division enforcement authority
over all navigable waters in the State.
REPRESENTATIVE HUDSON responded that the bill contains specific
language that prevents any provision in the bill from being used to
deny access. It also includes a provision that requires boarding
by enforcement agents to be based on probable cause. Under current
law, agents can board without probable cause. The penalty
provision was also changed so that a judge will establish the fee.
He said he reached pretty far to try to satisfy many concerns. He
could not change Section (g) on page 9 to provide life time
registration because federal law requires that registration be for
no longer than three years. He repeated that, as far as he is
concerned, the new provision regarding the non-mechanical boats is
a policy call and it would not prevent the program from being
implemented as long as he can get the votes on the House side. The
House chose to provide that exemption and to offer voluntary
registration because many groups of paddlers who testified were in
favor of being in the program.
SENATOR MACKIE asked Representative Hudson his opinion of putting
the program in DPS.
REPRESENTATIVE HUDSON answered he prefers DNR. He wants to keep
the program educational plus, while the bill was on the House side,
the possibility of DPS was not raised so House members never had
the opportunity to hear from DPS about how it would administer the
program. He added that DMV will be able to take care of the
registration. The bill requires 75 percent of the federal marine
taxes that will be returned to the State to be spent on boating
safety education in an effort to limit the bureaucracy. In
addition, the bill only provides for five positions to administer
the program; three employees to register boats at DMV and a program
director and assistant. He noted that he can live with the change
to DPS and the provision requiring registration of boats under ten
feet, but he cannot live with the life time registration because
that will kill the bill. Regarding approval by the Coast Guard,
Representative Hudson said it has approved the preliminary plan
that he put together. The Coast Guard laid out the parameters the
State will have to meet.
CHAIRMAN HALFORD noted the three differences in the proposed CS are
the change to DPS, perpetual registration, and required
registration for all boats versus power boats versus boats over ten
feet. He pointed out that a commercial trailer using the highway
can be registered for life at a cost of $10 but a canoe with an
electric outboard will have to register every three years because
of a federal requirement. He was interested in getting the Coast
Guard to agree to long term registration as a condition of
establishing the program.
REPRESENTATIVE HUDSON said, from his professional experience in the
Coast Guard, he believes the three year registration system will
provide a search and rescue tool. To identify a boat with an
owner, registrations need to be updated. The Coast Guard has always
limited registration length to no more than three years because it
wants to keep the information that ties the owner to the boat
current.
CHAIRMAN HALFORD said he does not disagree with that idea, but
Alaska has less than 50 percent participation in boat registration,
particularly in rural Alaska. He noted the $600,000 that will come
from registration fees is now in the hands of Alaskans because they
do not comply. That amount will double if a state program is
enforced.
Number 1502
ADMIRAL THOMAS BARRETT, U.S. Coast Guard, discussed the following
points. HB 108 will affect every region of Alaska. About half of
the drowning deaths in Alaska happen on the coast, the other half
happen on inland waters. He asked legislators to consider the fact
that prior to passage of the Fishing Vessel Safety Act in 1994,
deaths in the fishing industry each year were double what they are
now. That experience suggests that if the Legislature passes safe
boating legislation, a reduction in the number of recreational
boating fatalities will occur. The price of that success will be
the cost and the registration requirement. The Coast Guard has no
discretion over the length of the registration period; the three
year limit is written in the federal Boat Safety Act. The public
policy reason for that three year requirement is the need for
current information to make this program successful. Admiral
Barrett recounted a recent incident in which a Coast Guard cutter
travelling South from Kodiak in March sighted an overturned skiff
on the beach. Coast Guard personnel investigated and surmised that
the boat had been there for awhile, however had the boat recently
washed up, with no registration information the Coast Guard could
not have followed up on that accident. That type of event is not
uncommon in Alaska.
ADMIRAL BARRETT said about 23 states provide for three-year
registration programs while about 20 provide for one-year
registration and some for two years. Six states provide for
registration periods from one to three years, at the option of the
owner. He thanked committee members for considering HB 108 as it
will help the citizens of Alaska for many years to come.
Number 1231
SENATOR MACKIE asked Admiral Barrett to comment on the exemption
for non-mechanical boats or boats under ten feet.
ADMIRAL BARRETT responded that about half of the states exempt
smaller boats. The Coast Guard's regulations apply to motorized
craft with no length restriction because motorized craft tend to
operate on bigger water and have a fire and explosion risk. He
pointed out that Representative Hudson is correct in that one-third
of the drowning deaths from recreational boating in Alaska happen
in non-motorized craft. He felt the exemption for boats under ten
feet addresses the concern about the dinghies used by boat owners
to get to and from a moorage. He felt that question is a state
policy issue.
CHAIRMAN HALFORD said regarding the perpetual registration issue
and search and rescue, the Federal Aviation Administration provides
for perpetual registration of aircraft. He asked why a different
approach is taken by a parallel federal agency. He noted that some
states require annual registration to bring in more money.
SENATOR MACKIE felt it is a given that a revenue stream is
necessary to provide educational programs. He repeated that 75
percent of the income will have to be used for education programs.
He pointed out that the three-year registration requirement was
established by federal law so there is no way to get around that.
CHAIRMAN HALFORD indicated that most people are more concerned
about remembering to register every year rather than the cost of
paying for several years at a time.
SENATOR MACKIE commented that having grown up around the water, he
has participated in many search and rescues so he can appreciate
the need for updated vessel registrations. He added that in many
cases, the only way to verify whether someone was in distress after
finding a beached boat was to call the home to find out if anyone
was lost. He felt the most important aspect of this bill is the
ability to provide ongoing education for children because he sees
many kids driving skiffs with no life jackets. He noted the issue
of where this program resides is unimportant in light of the need
for the program and the number of lives that can be saved.
Number 946
MS. SUSAN HARGIS, U.S. Coast Guard, informed committee members that
she manages boat registrations statewide, and that she gets about a
ten percent return rate from renewal notices because people move
and she does not get current information. A significant percentage
of the renewal notices are returned with a forwarding address so
she is able to track people down. The three-year registration
period enables her to do that.
MR. DAVID THOMPSON, Division of Public Health (DPH), Department of
Health and Social Services, said DPH wishes to go on record in
support of HB 108. Alaska's rate for unintentional drowning death
is the highest in the nation, and ten times the national average.
The comprehensive and statewide boating safety program is expected
to drive this rate down and save the lives of numerous Alaskans.
DPH became involved in the Kids Don't Float program in 1997. That
program has expanded to 170 sites around the state and is credited
with saving four lives. DPH also applauds the efforts of the
Tanana Chiefs Conference, the Yukon Kuskokwim Health Corporation
and other Native organizations for making float coats available in
rural areas and promoting their use. DPH pledges to continue to
support health and safety programs geared toward drowning
prevention.
Number 803
MS. SHARON LOBAUGH, Alaska Safe Kids, thanked Representative Hudson
for sponsoring HB 108 as she feels passionate about this issue.
Alaska Safe Kids is the only organization in the nation organized
to prevent childhood injuries. Alaska's program is tied to
National Safe Kids, which has corporate sponsors and several
thousand chapters. Data shows that more children die from
injuries, not disease. Alaska Safe Kids strongly supports HB 108
because drowning is a major reason for child fatalities. After
hearing testimony and debate on HB 108 in the House, she learned of
the large number of people who have had some personal experience
with fatalities from drowning. She discussed the public's
enthusiasm at the start of the Kids Don't Float program in Homer
and incidents in which this program saved lives.
CHUCK HOSACK, Deputy Director of DMV, stated the fiscal note passed
by the House only applies to power boats. If HB 108 passes,
approximately 75,000 boats will have to be registered. If the
Legislature adds the provision requiring non-powered boats to
register, the number of required boats will increase to 100,000
which will have a significant impact on the fiscal note. It will
increase DMV's workload but it will also increase revenue by about
$333,000 per year. He suspects that if a one-year registration
period is offered, most people will choose that rather than pay for
three years at a time. The snowmachine registration program allows
for either a two, four, or six-year registration period. Of the
23,000 registered snow machines, only four owners opted for the
four-year registration and, as of December, no one opted for the
six-year registration. He favors a three-year registration period
because if the period is longer people will not update their
addresses. The registration expiration date provides a means to do
that, even if boats change ownership within the three-year period.
He offered to answer questions.
CHAIRMAN HALFORD asked if the fiscal note Mr. Hosack was speaking
to applied to the version of HB 108 that went to the House floor
before it was amended.
MR. HOSACK said it is.
CHAIRMAN HALFORD explained that fiscal note would then apply to the
proposed CS before the committee.
MR. HOSACK said that version had additional positions to cover the
registration of non-powered boats.
CHAIRMAN HALFORD asked if the House version, before it was amended
on the House floor, exempted boats under ten feet in length.
MR. HOSACK said that is correct.
TAPE 00-21, SIDE A
MR. DON SHERWOOD, a boater in Alaska for over 30 years, stated he
believes the authority for this program should be moved from DNR to
DPS because of DNR's record of limiting and restricting access to
state waters and lands. Second, regarding registration, he thinks
if all boaters are going to use this program, all should pay. He
has rescued non-motorized boats with no registration numbers which
encouraged searches that did not need to happen. He believes
Alaska needs a Boating Safety Act and he asked committee members to
consider his suggestions and pass the legislation.
Number 131
MR. MIKE FOLKERTS, Chairperson of the Alaska Boating Safety
Advisory Council, made the following points. The federal money for
this bill and the State match will not go into the general fund.
This means users will definitely be getting the benefit of their
money. Much of this bill already exists in federal and state
statutes. HB 108 will give the State the authority to promulgate
regulations and it will give oversight authority to the Boating
Safety Council. Enactment of HB 108 will greatly reduce the number
of drowning deaths in Alaska by providing money for education,
money that Alaska now sends to other states. He asked the
committee to pass HB 108.
MR. ROGER MCCAMPBELL, a resident of Homer, said he was speaking on
his own behalf although he has worked for DNR for 12 years and did
search and rescue work for the federal government for 15 years. He
supports HB 108 but believes the program should be housed in DNR as
the focus of the program is on education. DNR has been
administering an educational program for the past three years.
MR. ALAN PARKS, a commercial fisherman, stated support for HB 108.
He noted when the Commercial Fishing Vessel Safety Act was enacted,
industry people were apprehensive about it but they have found that
it contained practical requirements that work. In 1997, his boat
rolled over and sank. Had he not been trained to operate his
safety equipment, he would not be alive today. He favors placing
the program in DNR and asked committee members to pass HB 108.
MR. MAKO HAGGERTY, a water taxi operator in Kachemak Bay, thanked
Representative Hudson for all of the work he has done on this bill
and asked committee members to support it. Many of the foolish
activities that occur on the water could be curtailed with
education rather than enforcement. He believes that DNR is the
better agency to oversee the program.
Number 903
CHAIRMAN HALFORD noted the Department of Administration runs the
registration part of the program and that the other two parts of
the program are education and enforcement. He repeated that he has
no problem with DNR administering the education part of the program
but his constituents are very concerned about DNR having
enforcement authority over all navigable waters in the State. He
asked if there is a way to separate the education and enforcement
components of the program.
REPRESENTATIVE HUDSON responded that separating the two components
would work within the memorandum of understanding with the Coast
Guard. He indicated the question of who can board and enforce came
up on the House side. He was told that under current law, any
peace officer, including Fish and Wildlife Protection officers and
Coast Guard officers, are authorized to enforce the law. He asked
for a little time to work on some language to address Chairman
Halford's concern.
SENATOR MACKIE said that most people in his communities would not
recognize a State park ranger because they are surrounded by
federal land therefore, if a park ranger tried to enforce this
program, a serious misunderstanding could occur. He agreed that
splitting the two components among DNR and DPS is a good idea.
Regarding the lifetime registration, Senator Mackie said he favors
the three-year registration period. He asked Chairman Halford if
his intention is to tighten the bill by including boats under ten
feet.
CHAIRMAN HALFORD replied that he is proposing to include all boats
as the original House version did in response to his constituents'
concerns. His main concern is the issue of the lifetime
registration but if that provision is forbidden by federal law,
changing it will not work. He believes the FAA does very well at
locating and identifying airplanes and it offers a lifetime
registration. The FAA periodically sends out activity reports to
registrants asking for updated information. He suggested
continuing to push for the lifetime registration and including a
sunset provision in the bill to give the Coast Guard an incentive
to get the federal law changed. He stated in reality, two-thirds
of the areas in which the most drownings occur will not have any of
these programs or enforcement no matter who administers the program
because those areas are rural.
SENATOR MACKIE asked Chairman Halford his intention regarding the
requirement to register non-powered boats over ten feet in length.
CHAIRMAN HALFORD said that will remain in the bill.
REPRESENTATIVE HUDSON said he would work on language to separate
the enforcement function and place it in DPS.
There being no further business to come before the committee,
CHAIRMAN HALFORD adjourned the meeting at 5:20 p.m.
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