04/03/2012 01:30 PM Senate LABOR & COMMERCE

                                                                                                                                
         HB 301-BOATING REGULATION: SUNSET/ENFORCEMENT                                                                      
                                                                                                                                
1:53:43 PM                                                                                                                    
VICE  CHAIR  PASKVAN  announced consideration  of  HB  301  [CSHB
(FIN), version 27-LS1152\M, was before the committee].                                                                       
                                                                                                                                
1:53:48 PM                                                                                                                    
ASTRID   LIEVANO,  staff   to   Representative  Alan   Austerman,                                                               
introduced  herself and  said Representative  Austerman was  in a                                                               
House Finance Committee meeting right now and sent his regrets.                                                                 
                                                                                                                                
SENATOR  DAVIS  moved to  bring  SCS  CSHB  301( ),  version  27-                                                               
LS1152\B, before the committee.                                                                                                 
                                                                                                                                
VICE CHAIR PASKVAN objected for discussion purposes.                                                                            
                                                                                                                                
MS. LIEVANO said  the purpose of HB 301 was  to repeal the sunset                                                               
date of  the Alaska Boating  Safety Program.  Without legislative                                                               
action, the  program would  terminate on July  1, 2013.  When the                                                               
program was  established in the  21st Legislature,  it cautiously                                                               
added  two  sunset  clauses;  one  repealed  the  Boating  Safety                                                               
Program by  date and the second  repealed it in case  the federal                                                               
funds  didn't come  through. Since  the program  was established,                                                               
the legislature has  acted three times to extend it.   It has now                                                               
been in effect for 12 years  and thanks to the "Kids Don't Float"                                                               
a loaner life jacket program,  at least 22 children have survived                                                               
a water emergency.                                                                                                              
                                                                                                                                
MS.  LIEVANO  explained  that  federal  financial  assistance  is                                                               
provided  through the  "Boating  Safety Account  for the  Aquatic                                                               
Resource Trust Fund,"  also known as the  "Sport Fish Restoration                                                               
and Boating Trust Fund." Alaska  met the eligibility requirements                                                               
to receive  the funds  in the  year 2000 with  the passage  of HB
, the Alaska Boating Safety Act.                                                                                             
                                                                                                                                
She said  that sections  1 and 2  of the bill  were added  by the                                                               
House and  the wording is  related to the federal  government not                                                               
being  able   to  enforce  or   exercise  enforcement   in  state                                                               
waterways. This  wording already  exists in  statute, and  it was                                                               
the will of the Finance Committee to put it in this section.                                                                    
                                                                                                                                
Section 3  is the meat  of the bill  and has the  sunset repealer                                                               
requirements. Section  4 is the  effective date of section  2 and                                                               
section 5 is the effective date of section 3.                                                                                   
                                                                                                                                
1:56:48 PM                                                                                                                    
MS. LIEVANO explained that the  CS broadens a statutory reference                                                               
in sections  1 and 2  of the bill  that was too  narrowly written                                                               
according  to   the  Attorney  General's   Office.  She   said  a                                                               
representative from that office was on line to speak to it.                                                                     
                                                                                                                                
VICE CHAIR PASKVAN  added that sections 1 and  2 were substantive                                                               
additions  that  went beyond  the  sponsor's  intent and  weren't                                                               
connected to the sunset provisions.                                                                                             
                                                                                                                                
MS. LIEVANO said that was correct.                                                                                              
                                                                                                                                
1:58:06 PM                                                                                                                    
JANE  SCHULTZ, Kenai  Peninsula Emergency  Services, Kenai,  said                                                               
she  had  attended  the  Boating  Safety class  and  that  it  is                                                               
excellent. It's  provided free  of charge and  goes all  over the                                                               
state.  In  her  job  she  gets  many  calls  asking  where  this                                                               
information can be  obtained, and she directs them  to the Office                                                               
of Boating  Safety. It has kids'  books that they are  willing to                                                               
share and videos on boating  safety. They provide a pre-departure                                                               
check list and  a float plan for people and  encouragement to use                                                               
it. Their  posters are all  over the state  providing information                                                               
on  boating  safety. One  is  called  the "Choose  LIFE  Poster."                                                               
"LIFE" stands for "use your  Life jacket, Inspect your boat, File                                                           
a  Float  plan  and  get  continuing Education."  It  is  a  very                                                           
worthwhile program.                                                                                                             
                                                                                                                                
2:00:12 PM                                                                                                                    
MS. SCHULTZ said  the "Kids Don't Float program"  is a tremendous                                                               
life saver.  She didn't see  any need  for the sunset  clause and                                                               
encouraged passage of HB 301.                                                                                                   
                                                                                                                                
VICE CHAIR PASKVAN  asked the assistant attorney  general to walk                                                               
them through the department's legal concerns.                                                                                   
                                                                                                                                
2:01:31 PM                                                                                                                    
JOHN BAKER,  Assistant Attorney General, Civil  Division, Natural                                                               
Resources  Section, Department  of  Law (DOL),  said Ms.  Lievano                                                               
accurately summarized  the history  of the program.  He explained                                                               
that most  of the past  amendments (mostly extending  the sunset)                                                               
had  been  directed  at  the conditional  sunset  date  and  were                                                               
required  to be  achieved  by special  session  laws rather  than                                                               
through amendments  to the permanent  statute. That may  have led                                                               
to some  confusion in the process  of an amendment that  came out                                                               
from the House Finance Committee CS.                                                                                            
                                                                                                                                
He  said the  only  concern  DOL had  was  with  two very  narrow                                                               
provisions in sections  1 and 2 that have brief  references to AS                                                               
12.25, the  citation authority. For  reasons not  entirely clear,                                                               
the House  Finance CS would  substitute only one section  of that                                                               
law for the original version in  statute, which would make all of                                                               
AS  12.25 applicable  to citations  issued by  officers enforcing                                                               
the Boating  Safety Program. The  complication in  that provision                                                               
is  that it  would  lead  to other  sections  in  AS 12.25  being                                                               
exempted  from  citations  under  the  program  -  for  instance,                                                               
uniform citation  format, notice requirements for  citations that                                                               
are  issued, whether  the normal  bail forfeiture  schedule would                                                               
apply to  citations and disposition  of records if  an individual                                                               
were  cited. It  raises  questions  as to  whether  any of  those                                                               
provisions  would  apply, and  they  apparently  would not.  It's                                                               
their working assumption that the change was an error.                                                                          
                                                                                                                                
MR.  BAKER  said he  consulted  with  Assistant Attorney  General                                                               
Annie  Carpenetti in  the Criminal  Division,  and she  concurred                                                               
that it would  be problematic to change the format  and have only                                                               
one section  of that statute  apply to citations. That  was their                                                               
only  objection to  the House  Finance CS.  He said  they had  no                                                               
objection  to the  substantive  amendment in  sections  1 and  2,                                                               
which  clarifies  that  federal  officials wouldn't  be  able  to                                                               
enforce the act.                                                                                                                
                                                                                                                                
VICE CHAIR PASKVAN asked if  the Attorney General's Office favors                                                               
section 1 as currently written.                                                                                                 
                                                                                                                                
MR. BAKER  replied yes. The  recommendation would be  the current                                                               
language in  sections 1 and 2  that refers to "peace  officer may                                                               
issue  a  citation  as  provided   in  AS  12.25.175  through  AS                                                               
12.25.230" and then repeat that language again in section 2.                                                                    
                                                                                                                                
2:06:23 PM                                                                                                                    
VICE  CHAIR PASKVAN  asked  if  the problem  was  in the  current                                                               
version.                                                                                                                        
                                                                                                                                
MR. BAKER answered that version B had the correct language.                                                                     
                                                                                                                                
SENATOR DAVIS asked  if he was okay with section  3 in version B,                                                               
also.                                                                                                                           
                                                                                                                                
MR. BAKER answered yes.                                                                                                         
                                                                                                                                
VICE  CHAIR PASKVAN  closed public  testimony and  said he  would                                                               
hold HB 301 in committee.