Legislature(1999 - 2000)

04/19/2000 09:53 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
     SENATE COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE                                                                       
     FOR HOUSE BILL NO. 108(RES)                                                                                                
     "An Act relating to the use, operation, and regulation                                                                     
     of boats; establishing a uniform state waterway                                                                            
     marking system; and providing for an effective date."                                                                      
                                                                                                                                
                                                                                                                                
This  was the  first hearing  for  this bill  in the  Senate                                                                    
Finance Committee.                                                                                                              
                                                                                                                                
REPRESENTATIVE BILL  HUDSON, sponsor of the  bill, testified                                                                    
that  this  bill  establishes a  comprehensive  recreational                                                                    
boating safety program. He stressed  that Alaska is the only                                                                    
state that does not have such  a program. He stated the bill                                                                    
transfers  vessel  registration  from  the  US  Coast  Guard                                                                    
(USCG) to  the Division  of Motor  Vehicles (DMV)  and would                                                                    
allow  people to  register  their boat  at  any DMV  office,                                                                    
through the  Internet, by mail  or through the  dealer where                                                                    
they purchase the vessel.                                                                                                       
                                                                                                                                
Representative   Hudson   continued  that   the   regulatory                                                                    
authority  for boat  safety equipment  required by  federal,                                                                    
and  in some  cases,  state statutes,  would be  transferred                                                                    
from  the USCG  to the  State Of  Alaska. He  said the  bill                                                                    
specifies the required safety equipment  for boats by class,                                                                    
including fire extinguishers  for powered boats, ventilation                                                                    
for  those boats  with enclosed  engines,  lights for  night                                                                    
cruising,  a sound  producing  device,  and most  important,                                                                    
life preservers  for each person  aboard. He added  that the                                                                    
bill stipulates that  life preservers must be  worn by every                                                                    
child age 13 and under on an open boat.                                                                                         
                                                                                                                                
Representative  Hudson stated  that this  bill combines  the                                                                    
lifesaving forces  of the USCG  with new life  saving forces                                                                    
of  the state.  He added  that  the bill  would expand  boat                                                                    
safety  education  into  the   schools,  on  the  docks  and                                                                    
continue the work  of the Coast Guard  auxiliary. He assured                                                                    
that  the work  of the  USCG would  not diminish,  but would                                                                    
allow a safety program to be implemented.                                                                                       
                                                                                                                                
Representative  Hudson  stressed  that no  new  state  funds                                                                    
would be  required for this legislation  noting that federal                                                                    
funds and registration  fees collected by the  DMV would pay                                                                    
the program.                                                                                                                    
                                                                                                                                
Representative   Hudson   shared  that   the   approximately                                                                    
$600,000 of  federal marine fuel  taxes Alaskans  pay, leave                                                                    
the  state and  goes to  other  states that  already have  a                                                                    
boating  safety education  program. Under  this legislation,                                                                    
he asserted  this money would  stay in the state  and become                                                                    
the  education fund  that  would be  used  to purchase  life                                                                    
jackets and to provide boater safety education.                                                                                 
                                                                                                                                
Representative Hudson  reiterated that the emphasis  of this                                                                    
bill is  education by Alaskans in  area-appropriate manners.                                                                    
He gave the  Kids Don't Float, loaner  life jackets program,                                                                    
as an example of locally conducted programs.                                                                                    
                                                                                                                                
Representative  Hudson   told  the  Committee   that  Alaska                                                                    
suffers   ten  times   the   national   average  of   marine                                                                    
recreational deaths. In the previous  three years, he stated                                                                    
that  75  adults  and  children died  of  these  causes.  He                                                                    
attested that  most other states  that have  inducted boater                                                                    
safety programs have reduced  boater fatalities by one-half.                                                                    
He believed  that with  a longer  coastline, more  lakes and                                                                    
rivers  than  any  other  state,  Alaskans  should  want  to                                                                    
prepare its  children and citizens  with the  best knowledge                                                                    
and equipment to help save their lives.                                                                                         
                                                                                                                                
By  working  with  the   USCG,  Representative  Hudson  said                                                                    
volunteers  would conduct  courtesy vessel  examinations for                                                                    
new boat owners and also  halt reckless operations that pose                                                                    
a hazard to others.                                                                                                             
                                                                                                                                
Representative  Hudson  addressed  the  vessel  registration                                                                    
surmising that having  a uniform system would  aid in search                                                                    
and rescue  operations. He noted that  abandoned boats could                                                                    
be  traced back  to  its owners  and subsequent  information                                                                    
could be gathered  about the number and  abilities of anyone                                                                    
who had been aboard that vessel.                                                                                                
                                                                                                                                
Representative  Hudson shared  that he  spent many  years in                                                                    
the USCG performing search and rescue operations.                                                                               
                                                                                                                                
Representative Hudson  assured that  the intent of  the bill                                                                    
is not  to police boating  activities but to  rather educate                                                                    
boaters. He stated that 75  percent of the funds returned to                                                                    
the state from the USCG would be used for education.                                                                            
                                                                                                                                
JOE MCCULLOUGH  testified via  teleconference from  Homer in                                                                    
support of  the bill saying there  was no doubt in  his mind                                                                    
that  this bill  would  save lives  and  would facilitate  a                                                                    
smarter user group.                                                                                                             
                                                                                                                                
ALAN PARKS, Commercial  Fisher, testified via teleconference                                                                    
from  Homer about  how the  education he  received from  the                                                                    
Commercial  Fishing  Safety  Act  saved his  life  during  a                                                                    
boating accident.                                                                                                               
                                                                                                                                
NOELLE  MCCULLOUGH testified  via teleconference  from Homer                                                                    
saying that  the children  of the  state would  benefit from                                                                    
the kinds of water safety training this bill would provide.                                                                     
                                                                                                                                
MAKO HAGGERTY,  Chair, Katchemak  Bay State  Parks Citizen's                                                                    
Advisory  Board,  testified  via teleconference  from  Homer                                                                    
that the board passed a resolution supporting this bill.                                                                        
                                                                                                                                
CRAIG FOREST, lifelong  Alaskan testified via teleconference                                                                    
from Homer representing the USCG  Auxiliary and himself told                                                                    
about   his  own   and   his   family's  extensive   boating                                                                    
experiences.  He   said  the   bill  would   accomplish  two                                                                    
important things,  receiving funding for  education programs                                                                    
and instituting safety equipment and practices into law.                                                                        
                                                                                                                                
MARIE  SCHOLLE,   Chair,  Governor's  Advisory   Council  on                                                                    
Safety,   Representative,   American   Society   of   Safety                                                                    
Engineers,  and  32-year   Alaska  resident,  testified  via                                                                    
teleconference from  Fairbanks in  support of the  bill. She                                                                    
emphasized that this bill would  provide the necessary funds                                                                    
to provide boater education to rural sites.                                                                                     
                                                                                                                                
MIKE FOLKERT, Chair, Alaska  Boating Safety Advisory Council                                                                    
testified via teleconference from  Anchorage in favor of the                                                                    
bill  and   about  the   lives  that   would  be   saved  by                                                                    
comprehensive boater safety education.                                                                                          
                                                                                                                                
Co-Chair    Torgerson    listed   others    available    via                                                                    
teleconference to answer questions.                                                                                             
                                                                                                                                
Amendment #1:  This amendment inserts  a new section  in the                                                                    
committee substitute as follows.                                                                                                
                                                                                                                                
     Page 7, following line 25                                                                                                  
     Insert:                                                                                                                    
          Sec. 05.25.052. Uniform state waterway marking                                                                        
     system.   The  department   shall  develop   and  adopt                                                                    
     regulations  establishing  a   uniform  state  waterway                                                                    
     marking   system  for   the  placement   of  regulatory                                                                    
     markers. The  regulations must  be compatible  with the                                                                    
     system of  aids to navigation prescribed  by the United                                                                    
     States Coast Guard.                                                                                                        
                                                                                                                                
This amendment  also makes  conforming changes  elsewhere in                                                                    
the committee substitute as appropriate.                                                                                        
                                                                                                                                
Co-Chair  Parnell  moved  for  adoption  and  explained  the                                                                    
Uniform  State  Waterways  Marking  System is  a  system  of                                                                    
marking  waterways with  navigation aids  and includes  such                                                                    
markers  as the  familiar red  and green  buoys. He  assured                                                                    
that  inclusion  of this  provision  in  the bill  does  not                                                                    
require  Alaska to  implement waterway  markers, but  rather                                                                    
indicates  that  if  the state  deems  navigational  markers                                                                    
necessary on a particular  waterway, the uniform systems can                                                                    
be  utilized.    He  noted  that the  chair  of  the  Senate                                                                    
Resources Committee  is in agreement  to this  amendment and                                                                    
that this provision was inadvertently  removed from the bill                                                                    
by the Senate Resources committee substitute.                                                                                   
                                                                                                                                
There was no objection and the amendment was ADOPTED.                                                                           
                                                                                                                                
Senator  Wilken asked  how the  requirement for  children to                                                                    
wear a  personal floatation device (PFD)  was established at                                                                    
age 13.                                                                                                                         
                                                                                                                                
Representative  Hudson replied  the  age is  set in  current                                                                    
state law.                                                                                                                      
                                                                                                                                
Senator Wilken  commented that  he thought  13 years  is too                                                                    
old to  require PFDs to  be worn. He verified  that changing                                                                    
this would not hamper federal funding.                                                                                          
                                                                                                                                
Senator Wilken asked if the  bill contains a requirement for                                                                    
boat owners to carry insurance.                                                                                                 
                                                                                                                                
Representative Hudson answered there is no such provision.                                                                      
                                                                                                                                
Senator  Wilken  next  asked if  the  Department  of  Public                                                                    
Safety is the only agency  that is authorized to enforce the                                                                    
laws proposed in bill.                                                                                                          
                                                                                                                                
                                                                                                                                
Tape: SFC - 00 #100, Side B    10:40 PM                                                                                         
                                                                                                                                
                                                                                                                                
Representative  Hudson  responded  that  the  Department  of                                                                    
Public  Safety could  grant  enforcement  authority to  park                                                                    
rangers at the Department of Natural Resources.                                                                                 
                                                                                                                                
Senator Wilken referred  to the fiscal note and  said he was                                                                    
surprised that  no impact is  indicated for the  Division of                                                                    
Fish and Wildlife Protection.                                                                                                   
                                                                                                                                
MELINDA  HOFSTAD,  staff  to Representative  Hudson  replied                                                                    
that she had  talked to a representative of  the division to                                                                    
verify that there  would in fact be no  increased costs with                                                                    
this legislation.                                                                                                               
                                                                                                                                
Senator  Wilken  commented that  he  was  raised on  a  lake                                                                    
outside Fairbanks  and had yet  to see a death  occurring in                                                                    
the  area.  While he  thought  this  bill is  necessary  for                                                                    
saltwater areas,  but not appropriate for  those areas where                                                                    
boaters can never  leave sight of shore.  He appreciated and                                                                    
agreed with the sponsor's intent,  but thought it was not in                                                                    
the best  interest of those  in the district  he represents.                                                                    
He  asserted that  the  bill is  "too  much government."  He                                                                    
stated  that he  would not  object to  moving the  bill from                                                                    
Committee, but  he would vote  against its passage  from the                                                                    
Senate.                                                                                                                         
                                                                                                                                
Representative   Hudson  advised   that  one-third   of  all                                                                    
drowning deaths in Alaska occur on freshwater.                                                                                  
                                                                                                                                
Senator Leman asked about the  safety equipment required for                                                                    
open vessels, such as skiffs.                                                                                                   
                                                                                                                                
Representative Hudson replied that if  a boat has a motor, a                                                                    
fire extinguisher is required.  He clarified that the safety                                                                    
equipment requirements  are established and enforced  by the                                                                    
USCG and are  in effect whether this bill passes  or not. He                                                                    
added that the USCG and  state statute also requires a light                                                                    
that can be displayed when operating at night.                                                                                  
                                                                                                                                
Senator Leman  commented that he requires  all passengers in                                                                    
his boat to actually wear a  PFD. He noted the bill requires                                                                    
an  additional  PFD that  can  be  thrown  and asked  for  a                                                                    
definition.                                                                                                                     
                                                                                                                                
Representative Hudson  answered that  a PFD device  that can                                                                    
be  thrown,  either  a  ring  or  a  floatation  cushion  is                                                                    
required in federal law.                                                                                                        
                                                                                                                                
Senator  Leman  shared that  the  reason  he questioned  the                                                                    
requirement  is  because  many  smaller  vessels  have  very                                                                    
limited space to carry items.                                                                                                   
                                                                                                                                
Representative Hudson  responded that the safety  gear could                                                                    
be  accommodated  if  the  boat   is  loaded  correctly.  He                                                                    
attested to the lifesaving benefits of a throwable PFD.                                                                         
                                                                                                                                
Senator Phillips offered a motion  to report from Committee,                                                                    
SCS CS HB 108 (RES) as amended.                                                                                                 
                                                                                                                                
[NOTE: The  sound system was inadvertently  disconnected and                                                                    
the remainder  of the  meeting was  not recorded.  No action                                                                    
was taken on the bills heard.]                                                                                                  
                                                                                                                                

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