Legislature(1999 - 2000)
02/04/2000 01:38 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 108
"An Act relating to the use, operation, and regulation
of boats; establishing a uniform state waterway marking
system; and providing for an effective date."
REPRESENTATIVE BILL HUDSON, SPONSOR testified in support of
HB 108. He noted that he introduced the bill as the result
of his personal experience with search and rescue and other
activities as a coastguardsman for more than 20 years. Over
the last three years there have been 75 recreational boating
deaths. Alaska is the only state without a boating safety
program. Alaska's fatality rate per capita is 10 times
higher than the national average. House Bill 108 would
establish a comprehensive recreational boating safety
program in Alaska for the first time. The legislation would
transfer the responsibilities and regulatory authority over
recreational boat safety equipment from the Coast Guard to
the State of Alaska. Additionally, the State would assume
vessel registration that is currently being managed by the
Coast Guard. The Coast Guard will continue to function on
the coast. The Coast Guard will have joint enforcement
responsibility wherever they are stationed.
Representative Hudson noted that education and dockside
safety would be a major element of the program. He
emphasized that 75 percent of all the money goes into
boating safety and education. He maintained that prevention
through education does work. The legislation will assure
that federal marine fuel taxes that Alaskans pay are
redistributed to the state of Alaska. Passage of HB 108 will
bring approximately $500 thousand dollars in federal marine
fuel taxes and approximately $600 thousand dollars in
program receipts to the state of Alaska each year. These
dollars will allow the state to make a major push to educate
the boating public about boating safety, thereby lowering
the rate of accidents and death on Alaska's waterways. No
new state dollars are needed for the program. The program
will be paid by federal dollars and registration fees. It is
user friendly. The Department of Motor Vehicles will conduct
the registration process, utilizing their current systems
(mail, on-line, and in person registration at any DMV
office) In addition, new boat dealers will also be
authorized to register boats at the point of sale for the
convenience of the boating public.
Representative Hudson noted that the Committee was provided
with a proposed committee substitute, work draft 1-LS0445\U,
dated 2/3/00. (Copy on file).
Co-Chair Mulder MOVED to ADOPT the proposed committee
substitute, work draft 1-LS0445\U, dated 2/3/00. There being
NO OBJECTION, it was so ordered.
MELINDA HOFSTAD, STAFF, REPRESENTATIVE HUDSON reviewed
changes made by the committee substitute. She noted that a
sunset clause would repeal the law if the state does not
receive federal funding for a statewide boating program.
Ms. Hofstad noted that training responsibility and education
aspects and evaluation of the program are defined on page 8,
lines 1 - 22.
(TAPE CHANGE, HFC 00 - 25, SIDE 2)
Ms. Hofstad observed that boats that are operated in the
state for a period not exceeding 90 consecutive days that
have a current, valid certificate of number issued by
another state are exempted on page 10, line 5. The intent is
to exempt previously registered boats that are brought to
Alaska on a temporary basis from another state.
Representative Hudson emphasized that every other state in
the union has a boating registration program and these boats
would have to comply to meet Coast Guard requirements in
other states.
Ms. Hofstad noted that there would be four boat owners on
the Alaska Boating Safety Advisory Council: of these some
would be powerboat owners and some would be non-power boat
owners.
Ms. Hofstad reviewed further changes made by the committee
substitute. The Alaska Boating Safety Advisory Council would
make recommendations to the Department of Education and
Early Development. The Probable Cause standard was added for
a police officer to board a vessel. Inconsistencies in the
name of the Alaska Boating Safety Advisory Council were
corrected.
Representative J. Davies expressed concern with the sunset
provision. He noted that the Director of the Division of
Legislative Finance would provide notification to the
revisor of statutes that the state has not received federal
funding for the boating safety program. He suggested that
the program could disappear without legislative knowledge.
Co-Chair Mulder thought that the revisor of statutes would
have the responsibility to inform the chairmen of the
Legislative Council. Representative Hudson pointed out that
the sunset provision would take effect 90-days after the
date the director of the Legislative Finance Division
notifies the revisor that in the previous state fiscal year
the state did not receive federal funding. He thought that
there would be ample notification and additional review by
the legislature. Representative J. Davies pointed out that
federal and state fiscal years differ.
In response to a question by Representative Phillips, Ms.
Hofstad explained that the Guppy Fleet is a group of sail
boat and powerboat operators out of Whittier. The Guppy
Fleet is in support of the legislation.
MIKE FOLKERTS, CHAIR, ALASKA BOATING SAFETY ADVISORY
COUNCIL, ANCHORAGE testified via teleconference in support
of HB 108. He emphasized that HB 108 would provide federal
funding and noted that the state is 10 to 20 times the
national average for noncommercial boating fatalities. He
maintained that the educational program would reduce
fatalities.
BARBARA SANDS, DISTRICT COMMANDER, COAST GUARD AUXILIARY,
ANCHORAGE testified via teleconference in support of HB 108.
She read from written comments:
While the Auxiliary in Alaska continues to grow, not
matter how hard we work to promote boating safety, It
is not enough. Each year it seems the boating season
starts with boating fatalities and accidents that could
hays been prevented with some basic understanding of
the importance of cold water survival and wearing a
life jacket.
Two critical issues will be addressed with the passage
of this bill. One, additional funding will be available
to the state for education programs and two, it makes
it a law that there be some basic safety equipment on
boats such as life jackets. You would be stunned at the
number of people we have talked to when offering free
vessel safety checks that state, "well we don't need
that equipment", or "the law doesn't require it and
nobody checks us anyway".
With your help, HB 108 will bring more revenue to the
State of Alaska to promote boating safety. This bill
carries a positive fiscal note and returns to Alaskans
federal fuel taxes that they already pay, and keeps our
boating registration fees within Alaska. This revenue
will go a long way towards helping expand boating
safety education in Alaska. Cold Water Survival should
be something that our children are taught at a young
age as it is a way of life here. The cost of prevention
is small compared to the cost to the State In emergency
response, and to Alaskan's in lost income due to
accidents or worse, the loss of a loved one.
TIM KELAHAN, RESCUE COMPANY, FAIRBANKS testified via
teleconference in support of HB 108. He emphasized that the
funding for the education would assist in search and
recovery efforts and reduce accidents. He maintained that
when it is not required by law people decide it is cheaper
or easier to go without (lifejackets). He noted that 60
percent of drownings across the nation are trained personnel
that are attempting to rescue others. Education would
decrease fatalities.
LARRY DISBROW, ADVISORY BOARD, NORTHERN AREA STATE PARKS,
FAIRBANKS testified via teleconference in support of HB 108.
He noted that the Board passed a resolution in support of
the legislation. He maintained that Alaska needs a boating
safety bill. He emphasized the number of unsafe acts that he
has viewed while boating.
MARIE SCHOLLE, CHIAR, ALASKA ADVISORY COUNCIL ON SAFETY,
FAIRBANKS testified via teleconference in support of HB 108.
She emphasized that the legislation will not cost the state
of Alaska and will save lives. She has performed vessel
inspections with the Coast Guard Auxiliary and witnessed
individuals with the attitude that "nothing is going to
happen to me" and overloaded boats. Registration brings
responsibility to the state and boaters. She emphasized
education and the need for a presence in the interior where
the Coast Guard is absent.
BRAD SNOW, PRESIDENT FAIRBANKS PADDLERS, FAIRBANKS testified
via teleconference in support of HB 108. Fairbanks Paddlers
is a group of over 250 non-power boat owners. He maintained
that boaters are willing to pay their fair share in order to
assure safety. He emphasized that fees with federal
assistance will pay for the program. Every state that has
implemented a boaters safety program has seen a marked
decrease in boater fatality.
ALAN PARKS, COMMERCIAL FISHERMAN, HOMER testified via
teleconference in support of HB 108. He noted that the
commercial fishing program has gone through extensive
training. He gave details of how training saved his life.
JIM LAWYER, ASSESSOR, KENAI PENINSULA BOROUGH, KENAI
testified via teleconference in support of HB 108. He noted
that the Borough passed a resolution in support of the
legislation. The Borough will be aided in their assessments
by the registration provision within the legislation. He
noted that many vessels do not display identification
numbers. He reviewed provisions in the legislation that
would assist in the Borough's record keeping. Records would
be available to municipalities without charge. He concluded
that the legislation provides adequate provision of
registration, ownership and identification of the vessels
located throughout the state of Alaska. Ownership
information will be public record, research costs will be
reduced and all boats within the Borough would be easy to
identify, allowing the cost of services to be distributed
equally.
JERRY DZUGAN, DIRECTOR, ALASKA MARINE SAFETY EDUCATION
ASSOCIATION (AMSEA), SITKA testified via teleconference in
support of HB 108. He noted that AMSEA has created a
community based marine safety instructors network in Alaska
that trains over 7,000 people a year. He noted that Alaska
has the highest fatality rate in the nation and is the only
state without a boating safety program. He noted that
although most people would train their children, adults are
the ones that are responsible for the operation of boats. He
stressed that training reduces fatalities and pointed to the
reduction in commercial vessel fatalities.
CLIFF JUDKINS, ALASKA BOATING ASSOCIATION, MATSU testified
via teleconference in support of HB 108. He noted that the
Association is the largest recreational boater user group in
the state with over 12,000 members. He stressed the need for
life jackets.
PATRICK MEAD, CAPTIAN, UNIVERSITY FAIRBANKS FIRE DEPARTMENT,
FAIRBANKS testified via teleconference in support of HB 108.
He noted that the legislation would assist in search and
rescue missions. He has been involved in safety education.
He maintained that the legislation provides backbone to the
instruction that can be given.
ALISON CARTER, CHAIR, AD HOC COMMITTEE, FAIRBANKS PADDLERS,
FAIRBANKS testified via teleconference in support of HB 108.
There were very few people anxious to register their canoes
and kayaks, but they are concerned with saving lives. They
support the sunset provision that extinguishes the law if
less than 75 percent of federal funds and the boating
registration fees are used for boating safety and education
programs.
BRUCE CAMPBELL, FAIRBANKS, testified via teleconference
voiced support of the bill. He stressed the importance of
education in preventing fatalities.
MARY MARSHBURN, DIRECTOR, DIVISION OF MOTOR VEHICLES,
ANCHORAGE acknowledged that the Division has the largest
fiscal note on the bill. The legislation would require
registration of powered and non-powered paddleboats on all
state waterways. The Division of Motor Vehicles estimated
that there would be 175,000 boats to register. The Division
of Motor Vehicles would be working with dealers and venders.
The registration system must be compatible with the current
one used for vehicles and titles and registration for snow
machines. The fiscal note contains start up costs for the
first two years of the bill and maintenance costs as
indicated. She pointed out that the legislation would
generate a positive fiscal note after the first half-year
startup.
CHUCK HOSACK, DEPUTY DIRECTOR, DIVISION OF MOTOR VEHICLES,
ANCHORAGE provided information relating to HB 108.The fiscal
note requests positions to work with registration and to set
up dealers as agents. He noted that the state has 675,000
registered vehicles in the state. The legislation would add
175,000 boats that would be registered on a three-year
cycle. Each year there would be 1/3 of these registrations
in addition to current vehicle registrations. He
acknowledged that the Division is the best place to do the
registration. Current registration means can be utilized
such as the Internet and phone system. The costs should
offset work increases.
Vice Chair Bunde noted that he supported the legislation.
He commented that members of the public that judge the state
budget based on gross numbers would not be pleased with the
addition.
(TAPE CHANGE, HFC 00-26, SIDE 1)
Co-Chair Therriault agreed that the legislation would
increase the agency's budget.
In response to a question by Co-Chair Therriault, Mr. Hosac
clarified that boating registration would be on the same
system used for vehicle registration. This is available to
law enforcement and government agencies at no charge.
Assessors can obtain registration numbers for the boats and
their owner names and addresses. The Division provides
vehicle information at no charge to municipalities.
REAR ADMIRAL THOMAS J. BARRETT, COMMANDER, 17TH COAST GUARD
DISTRICT, UNITED STATES COAST GUARD, JUNEAU testified in
support of HB 108. He stressed that there is a high
likelihood that the program would be successful. He noted
that deaths from boating fatalities occur all over the
state. Alaska's fatality rate is 10 times the national
average. The federal program has reduced fatalities by 50
percent. The number of recreational fatalities is twice the
number of commercial fishing related deaths. He noted that
deaths in this industry were reduced through training
efforts. Under the federal boating safety legislation the
minimum federal funding floor to the states is $59 million
dollars a year, guarantied for five years. Congress funded
the program at $79 million dollars in the past year. The
federal government recognized that states could more
effectively run the program, but is still committed to
financial support, as is the Coast Guard. He stressed that
the Coast Guard's efforts would not be reduced as the result
of state programs.
In response to a question by Co-Chair Therriault, Admiral
Barrett noted that Alaska is in the second year of the five-
year federal funding floor.
In response to a question by Co-Chair Therriault, Ms.
Hofstad noted that paddleboats would be registered in the
same manner as other boats. They could register on-line, at
the Division of Motor Vehicles, or at the point of purchase.
Failure to register would be a violation, like a traffic
ticket. Representative Hudson clarified that non-motorized
boats under 10 feet in length would not have to register. He
explained that this is consistent with federal law.
In response to a question by Representative G. Davis, Co-
Chair Therriault clarified that boats would not have to
register if they are registered in another state and are
used in the state for less than 90 consecutive days. Ms.
Hofstad stated that the intent is to exempt boats from other
states that come to Alaska.
Representative G. Davis noted that the department can adopt
regulations for training. He expressed concern that a test
could be required for registration. Representative Hudson
noted that it is not the intent to require training.
Representative Phillips noted that the legislative revisor
normally goes to the Legislative Council with
recommendations. The Legislative Council does not generally
go to the legislative revisor.
Representative Phillips emphasized that there is an 82
percent fatality rate in Alaska, compared to a 6.4 percent
fatality rate in the nation.
Representative J. Davies spoke in support of the
legislation.
Co-Chair Therriault noted that there are three issues to be
addressed: access to information, sunset trigger, and the
90-day exemption.
HB 108 was heard and HELD in Committee for further
consideration.
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