Legislature(2009 - 2010)BARNES 124
03/27/2009 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB151 | |
| HB105 | |
| HJR16 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 37 | ||
| = | HB 151 | ||
| *+ | HB 185 | TELECONFERENCED | |
| + | HJR 16 | TELECONFERENCED | |
| += | HB 105 | TELECONFERENCED | |
HB 151-USE, REGULATION, AND OPERATION OF BOATS 3:27:51 PM VICE-CHAIR NEUMAN announced that the first order of business would be HOUSE BILL NO. 151, "An Act repealing the termination date of the statewide boating safety and education program; providing for an effective date by repealing the effective dates of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, and sec. 3, ch. 119, SLA 2003; and providing for an effective date." 3:28:29 PM REPRESENTATIVE CHENAULT made a motion to adopt the proposed committee substitute (CS) for HB 151 labeled, 26-LS0422\E, Kane, 3/11/09. There being no objection, Version E was before the committee. 3:29:52 PM JIM ELLIS, Staff, Representative Mark Neuman, Alaska State Legislature, on behalf of the prime sponsor, stated that Version E would extend the sunset date of the statewide boating safety and education program until July 1, 2018. Since 2000, the number of boating deaths has been reduced by 20 percent. He explained that the termination date is 2010. He offered that if the program is extended quickly the Department of Natural Resources will be eligible for a full year of funding. 3:31:22 PM JAMES KING, Director, Division of Parks and Outdoor Recreation, Department of Natural Resources (DNR), offered some highlights of the program. He explained that the "Kids Don't Float" program is a major component of the program. He related that 515 loaner boards are scattered around the state in 153 communities. He related that the major supplier of the life jackets is the Boating Safety program. He also mentioned that the educational component has reached over 63,000 students in Alaska. "Alaska Water Wise" is a popular training program within the Boating Safety program that helps teach appropriate boating safety practices. Marketing is an important part of the program, including sharing announcements on the radio and television. He pointed out that the Cold Water Boating seal received national recognition and is used in training programs. The program trains law enforcement in safe boating practices and provides support to the U.S. Coast Guard Auxiliary Vessel Safety Check Program. He highlighted one of the most exciting things about the program is that 17 Alaskan children are alive today who were rescued from the water wearing those life jackets. He pointed out that since the program started ten years ago, life jacket wear rates have gone up significantly and recreational boating fatalities have been reduced by 20 percent. He concluded by expressing his appreciation for the efforts in considering HB 151. 3:34:18 PM REPRESENTATIVE LYNN commented that it is a wonderful program. He asked how many personal floatation devices are lost. 3:34:40 PM MR. KING stated that some life jackets wear out and others are stolen or lost. However, a relatively small number of life jackets are lost. He opined that people are pretty responsible with the life jackets and most are put back. Additionally, some are donated. He also mentioned that when the life jackets wear out that new ones are purchased. The goal is to protect the kids and the program has been very successful. 3:35:33 PM REPRESENTATIVE LYNN stated it is a wonderful program. He asked who pays for the life jackets. MR. KING explained that the life jackets are paid for from federal funding. 3:36:00 PM BILL HUDSON stated that this bill is necessary. He said he has followed the program since he first introduced it during his time as a member of the Alaska State Legislature. He noted that he spent 20 some years in the U.S. Coast Guard. He stated that much of his activity was spent saving lives of people, who in many cases were unprepared to protect themselves in the water environment. He opined that the program has directly and indirectly saved lives. He complimented the sponsor for introducing the bill and asked members to extend the program another eight years. REPRESENTATIVE NEUMAN explained that he was going to eliminate the sunset date, but that some legislators expressed concern so the sunset clause was added back in the bill. MR. HUDSON related that he understood the reason for the sunset provision, although he preferred the bill did not have one. 3:38:27 PM MIKE FOLKERS, Recreational Boating Safety Specialist, Seventeenth U.S. Coast Guard District, stated that the U.S. Coast Guard, through the federal Secretary of Homeland Security, is directed to carry out a national recreational boating safety program. The goal of the program is to encourage the states to assume the major role in carrying out boating safety education, assistance, and enforcement activities within their jurisdictions and to foster greater development, use, and enjoyment of all waters of the U.S. Under this program, the U.S. Coast Guard allocates and distributes funds to eligible states to assist them in carrying out and financing recreational boating safety programs. Federal financial assistance is provide through the Boating Safety Account of the Aquatic Resources Trust Fund, also known as the Sport Fish Restoration and Boating Trust Fund. Part of that eligibility to receive this funding happened when Alaska established its boating safety program by passing House Bill 108 in 2000, nearly 10 years ago. Alaskans are safer and better educated. Recreational boating fatality rates are down. He provided statistics, including that 23.8 lives were lost per year from 1995 to 1999. The most recent 5 year average reduces the fatalities to 15.8 lives each year. He stated that in calendar year 2008, 12 Alaskans were lost in recreational boating accidents, which is the lowest number since the program began. He stated that the U.S. Coast Guard will continue to maintain a strong working relationship with the state, which is outlined in a memorandum of understanding between the State of Alaska and the U.S. Coast Guard. 3:40:48 PM GENE BROOKS, Admiral and Commander, Seventeenth U.S. Coast Guard District, stated that he is commander of the district responsible for all U.S. Coast Guard operations in Alaska. He stated that the deadliest catch in Alaska is not fish on commercial fishing vessels, but people on recreational pleasure boats. He indicated that more lives are lost on recreational boats than on commercial fishing vessels every year. He said, "Your program, the state Boating Safety Program, has done a tremendous job in reducing the loss of life on recreational pleasure boats, almost exclusively, but substantially on state waters." He recalled testimony on the loss of fatalities, and the "Kids Don't Float" program statewide. He related that when he heard that life jackets were placed in lockers and left unprotected that he did not expect the program to last longer than a week. However, he remarked that people don't steal them and they actually refill them. He highlighted that the "no- violation boardings" have increased from 35 percent in 2001 to 73 percent. He explained that means that 73 percent of the boats that receive courtesy inspections for boating safety are in full compliance with the boating safety requirements, which means that three out of four boats have the required safety equipment on board. He related that this is a great partnership for the U.S. Coast Guard. He encouraged support for the bill. 3:42:43 PM CHARLES GEWIN stated that he has lived along the Yukon River since the mid 1990s. He observed that villagers often loaded up boats to the extent that only two or three inches of freeboard remained. Additionally, often no life jackets were in the boats. In 2000, when this program went into effect life jackets disappeared off the boards. However, in 2001 he related that he observed children wearing life vests. He offered his belief that the use of life vests has continued. He said, "I'd like to see the program continue." He complained that the bill contains a sunset clause, but he also understands the desire to review programs periodically. He stated that he prefers the bill did not have a sunset provision. 3:44:22 PM TIM BUNDY, Chief, Injury Prevention & Emergency Medical Services, Department of Health and Social Services (DHSS), stated that HB 151 makes boating laws consistent with federal laws, assigns boating regulation functions to the appropriate state agencies, qualifies Alaska to receive federal funds, and creates a Safe Boating Education Program in Alaska. He explained that his section houses the "Kids Don't Float" program. He provided some statistics. Since 1991, there have been 271 commercial and 382 noncommercial boating fatalities. According to the Alaska Bureau of Vital Statistics drowning was the sixth leading cause of death between 2002 and 2006. Based on a prior U.S. Coast Guard study on noncommercial boating fatalities in Alaska between 1991 and 2000, drowning data showed that 9 of 10 fatalities occurred in boats under 26 feet. He noted that victims were adult males and 5 of the 6 boats capsized or involved victims who fell overboard, with 3 out of 4 involving power boats. Deaths were evenly split between fresh and salt water, and in 25 percent of the cases alcohol was confirmed as a contributing factor. However, since the Safe Boating Act was enacted, the program has reduced deaths by more than 20 percent. Additionally, the "Kids Don't Float" program, which is a coordinated partnership between state, federal, and local entities, has documented 17 lives saved through the loaner live jackets. The "Kids Don't Float" program has been adopted and promoted by organizations such as Safe Kids International and Safe Kids of America. This program was a recipient of an outstanding achievement award by the National Fresh Water Fisheries Hall of Fame in 2006. Prior to 2000, the state did not have a Safe Boating Act and federal funds collected from Alaskans under the Federal Sport Fish Restoration and Boating Trust Funds were given to other states. Since 2000, the state has received approximately $1.1 million per year in federal revenue and approximately $450,000 from Boat Registration Fees that would have gone to other states had Alaska not enacted this law. The funding that is received from the programs funds numerous safety programs including funds spent on life vests. He mentioned that approximately $60,000 per year is spent on the "Kids Don't Float" program. He highlighted that if the bill does not pass to extend the Boating Safety and Education Program, that the state would lose the federal funding. 3:47:46 PM REPRESENTATIVE NEUMAN, after first determining no one else wished to testify, closed public testimony on HB 151. 3:48:01 PM REPRESENTATIVE CHENAULT moved to report the committee substitute (CS) for HB 151, labeled 26-LS0422\E, Kane, 3/11/09, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 151(L&C) was reported from the House Labor and Commerce Standing Committee. 3:48:41 PM The committee took an at-ease from 3:48 p.m. to 3:50 p.m. 3:50:10 PM