Legislature(2009 - 2010)BARNES 124
02/01/2010 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB294 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 294 | TELECONFERENCED | |
HB 294-USE, REGULATION, AND OPERATION OF BOATS
3:48:41 PM
CHAIR OLSON announced that the only order of business would be
HOUSE BILL NO. 294, "An Act amending the termination date of
certain statutes relating to the use, operation, and regulation
of boats, a uniform state waterway marking system, and civil
liability for boat owners; providing for an effective date by
amending the effective date of secs. 3, 5, 7, 9, 11, 14, 16, 18,
20, 23, 26, and 27, ch. 28, SLA 2000, as amended; and providing
for an effective date."
3:49:03 PM
JAMES ELLIS, Staff, Representative Mark Neuman, Alaska State
Legislature, began by explaining that this bill is similar to HB
151, which passed the legislature last session and extended the
Statewide Boating Safety Program for one year, thereby allowing
funding to continue to 2010. This bill, HB 294, would extend
the sunset dates of the Statewide Boating Safety and Education
program for six years. The reason for HB 294 is because
conflicting years exist between the federal and state funding
dates for the program. The Statewide Boating Safety Program is
currently approved through 2011, and requires additional funding
to carry it through the length of the program.
MR. ELLIS offered that the Statewide Boating Safety and
Education program has been successful and because more boaters
begin to follow safety rules the boating fatalities have
steadily decreased during the tenure of the law. It also brings
Alaska's law into compliance with federal regulations. This
program has taught boating safety to over 63,000 children, 1,400
adults, and 104 instructors, as well as providing assistance to
law enforcement agencies.
3:50:19 PM
REPRESENTATIVE BUCH recalled hearing a bill on this topic last
year. He offered his belief that HB 294 is a great bill. He
related that the state does not fund the Statewide Boating
Safety and Education program through general fund dollars so it
still does not have any state general fund fiscal impact but the
state does receives $1.5 million in federal funds for the
program.
MR. ELLIS clarified that some revenue for the Statewide Boating
Safety and Education program is obtained from state licenses;
otherwise, the program is operated with federal funds.
3:51:21 PM
REPRESENTATIVE BUCH referred to the fiscal note. He remarked
that $1.25 million is received in federal receipts, but $200,000
is derived from other receipts.
3:51:50 PM
REPRESENTATIVE T. WILSON asked whether the program would sustain
itself if federal funding disappeared.
MR. ELLIS responded that without federal funding that the
program would terminate.
3:52:29 PM
MICHAEL FOLKERTS, Boating Safety Recreational Specialist,
District Seventeen, United States Coast Guard (USCG), introduced
himself and read his written testimony, as follows [original
punctuation provided]:
My name is Michael Folkerts, Recreational Boating
Safety Specialist, for the Seventeenth Coast Guard
District. It is a pleasure to appear before you hear
today to discuss the national recreational boating
safety program.
The Coast Guard, through the Secretary of Homeland
Security, is directed to carry out a national
recreational boating safety program under Chapter 131
of Title 46, United States Code. 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 the waters of the United States.
Under this program, the Coast Guard allocates and
distributes funds to eligible States to assist them in
developing, carrying out, and financing State
recreational boating safety programs. Federal
financial assistance to the States is provided through
the Boating Safety Account of the Aquatic Resources
Trust Fund, also known as the Sport Fish Restoration
and Boating Trust Fund. Part of the eligibility
requirement to receive this funding was achieved when
Alaska established the boating safety and education
program by passing House Bill 108, an Act Relating to
Boating Safety, in 2000.
Alaska's Boating Safety program has now been in place
for 10 years. Recreational boaters are safer and
better educated. Recreational boating fatalities are
on a downward trend. The five-year fatality rate
averaged 23.8 lives lost per year from 1995-1999. Our
most recent five-year average (2005-2009) is 15.4
lives lost per year. In calendar year 2009, we lost
12 Alaskans in recreational boating accidents, which
is the lowest number since the program began.
Continuation of Alaska's Boating Safety program would
help save lives.
The United States Coast Guard will continue to
maintain the strong working relationship with the
State of Alaska as outlined in a Memorandum of
Understanding between the State and the Coast Guard.
Thank you for the opportunity to appear before you
today. I will be glad to answer any questions you may
have regarding the Coast Guard and boating safety in
Alaska.
3:54:39 PM
REPRESENTATIVE NEUMAN remarked that the USCG has saved many
lives. He asked what could be done to increase the educational
efforts to save lives and further the outreach for cold water
education. He recalled that when people fall in cold water that
their natural instinct is to breathe. He inquired as to whether
any safety tips for survival are covered in the state or USCG
educational program.
3:56:13 PM
MR. FOLKERTS answered yes. He added that the USCG works with
the Alaska Office of Boating Safety and that office uses an
injury prevention model, which is an effective model. To
improve on this model would take extra educational effort and in
fact, the USCG actually prefers to use the educational approach
instead of an enforcement approach to insure boater safety. He
referred to statistics in member's packets that shows a 35
percent increase in compliance rates. Thus, during routine
patrols, 3 out of 4 boaters are doing what they should be doing.
He offered that 90 percent of the credit is due to the efforts
made by the Alaska Office of Boating Safety, in the Department
of Natural Resources (DNR). He applauded their program and
urged continuation of the Statewide Boating Safety and Education
program.
REPRESENTATIVE NEUMAN understood that when the USCG is
conducting its patrols, officers often find the boaters are
wearing their floatation devices. He recalled that Wisconsin's
efforts to obtain matching federal grant funds. He remarked on
the incentives that Wisconsin enforcement officers used to
promote boating safety and use of personal flotation devices.
He explained that during routine enforcement checks officers
would issue a coupon for ice cream when the children in boats
were wearing personal floatation devices. He asked whether
similar incentives are offered in Alaska.
MR. FOLKERTS answered yes. He related that the USCG works with
the local McDonalds restaurants to offer certificates for soft
ice cream cones.
3:58:16 PM
REPRESENTATIVE LYNN related that it is a very different
experience when a person enters the water in a swimsuit than
when the person is fully dressed. He inquired as to whether any
education is offered for cold water survival to inform people
how to jettison their clothing to survive.
MR. FOLKERTS related that the DNR's Office of Boating Safety
created an excellent video/DVD called, Cold Water Boating, which
he offered to provide to the committee. The video/DVD
production is very professional, has won national awards, and is
now used by most states for cold water survival training and
educational purposes.
3:59:24 PM
REPRESENTATIVE LYNN asked when the name was changed from life
preservers to personal floatation devices.
MR. FOLKERTS said he did not know but offered the name will
likely change again. He suggested that personal floatation
devices are the same product but is just called by another name.
3:59:58 PM
JANE SCHULTZ, Emergency Medical Services Coordinator (EMS),
Kenai Peninsula EMS Council, offered her belief that the sunset
clause in HB 294 is no longer needed since the program has
consistently been funded by the federal government for over ten
years. The program works well and it is burdensome to come
before the legislature each year for funding authority, which
wastes legislative and agency time. If the program was allowed
to sunset, it would be the first instance nationwide of any
state ending their boating safety program, which would
effectively be refusing the federal grant for boating safety.
The "Kids Don't Float Program" has seen tremendous success with
documented cases of the floatation devices saving lives. She
remarked that even some adults are taking advantage of the
program, especially young men in the higher risk group from the
late teen years to 30-year-old age group. She said she lives on
the Kenai River and has observed an increase in the number of
fishing guides that are now wearing life jackets. The
statistics demonstrate the effectiveness of the program. Now is
not the time to sunset this program. It seems that injury
prevention programs often lose funding when the programs prove
successful. Passage of HB 294 will help insure that a
successful boating safety program will continue to save lives
and the state will have clear and consistent boating safety
regulations. It would be a mistake to stop funding a program
that reduced recreational boating fatalities by over 20 percent
in the past ten years.
4:02:31 PM
JAMES KING, Director, Division of Parks & Outdoor Recreation,
Department of Natural Resources (DNR), stated that this program
has done so much for Alaska residents and visitors. He agreed
with Mr. Folkerts and Ms. Schulz that the Statewide Boating
Safety and Education program is very successful. Most people
are familiar with the life jacket loaner boards placed at
harbors and docks in the state for the Kids Don't Float program.
There are 514 boards across the state serving 153 communities
and over 24,000 life jackets have been placed on the boards for
use by boaters. Seventeen children survived a cold-water
experience wearing these life jackets. The education component
is huge, such as that over 17,000 people have been educated to
know the importance of wearing life jackets. Life jacket wear
rates are increasing while recreational boating fatalities are
decreasing as a result of this program. The cold water
immersion video or DVD previously mentioned is an indication of
the continued education provided under the Statewide Boating
Safety and Education program. Thank you for your support for
this program.
4:04:10 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 294.
4:04:26 PM
REPRESENTATIVE HOLMES remarked that she has spent lots of time
on boats in Alaska and is glad the state has this program to
help educate people.
REPRESENTATIVE CHENAULT agreed. He related that the fiscal note
shows the source of $200,000 funding from the vehicle rental
tax. He stated that he is unsure of whether this is the right
funding source, but offered to have the House Finance Committee
will check that source when this bill comes before that
committee. He remarked that HB 294 is a good bill.
REPRESENTATIVE NEUMAN suggested that the source of funds is
likely from the registration of boats.
4:05:38 PM
REPRESENTATIVE CHENAULT understood the funding source but he
maintained his concern that another source may be more
appropriate.
4:05:48 PM
REPRESENTATIVE NEUMAN moved to report HB 294 out of committee
with individual recommendations and the accompanying fiscal
note.
4:06:01 PM
The committee took a brief at-ease at 4:06 p.m.
4:06:13 PM
REPRESENTATIVE NEUMAN said that he misspoke the version of the
bill and restated his motion. Representative Neuman moved to
report HB 294 from the House Labor and Commerce Standing
Committee. There being no objection, HB 294 was reported from
the House Labor and Commerce Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB294 ver R.pdf |
HL&C 2/1/2010 3:15:00 PM |
HB 294 |
| HB294 Sponsor Statement ver R.pdf |
HL&C 2/1/2010 3:15:00 PM |
HB 294 |
| HB294 Sectional Analysis ver R.pdf |
HL&C 2/1/2010 3:15:00 PM |
|
| HB294 Repealing the sunset provisions of AS 05.25.pdf |
HL&C 2/1/2010 3:15:00 PM |
HB 294 |
| HB294 Alaska's Boating Safety Dollars at Work 2010.pdf |
HL&C 2/1/2010 3:15:00 PM |
|
| HB294 Fiscal Note ver A - DNR-Parks-2-01-10.pdf |
HL&C 2/1/2010 3:15:00 PM HL&C 2/3/2010 3:15:00 PM |
HB 294 |