Legislature(2003 - 2004)
05/04/2004 09:07 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE CS FOR CS FOR HOUSE BILL NO. 93(TRA)
"An Act relating to boating safety, registration, and
numbering; extending the sunset date of changes in ch. 28, SLA
2000; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken noted that the Senate Transportation Committee
committee substitute, Version 23-LS0230\U, and its accompanying
fiscal notes would serve to extend the termination date of the
Alaska Boating Safety Act from 2005 to 2010 and would remove the
registration requirement for non-motorized vessels.
LINDA SYLVESTER, Staff to Representative Bruce Weyhrauch, the
bill's sponsor, stated that this legislation would extend the
termination date of the boating registration program that was
implemented in the year 2000. She noted that a termination date was
attached to the original legislation due to concern as to whether
or not the federal funds the program attracted "might be
continuous." She informed that Committee that there is no
indication that these federal funds, which are drawn from the
Wallace Wallop-Breaux Trust Fund, would terminate.
Ms. Sylvester informed the Committee that the original version of
this bill eliminated the termination date section; however, a
termination date was included in the committee substitute adopted
by the Senate Transportation Committee (TRA). Continuing, she noted
that after discussions in regarding the statewide controversy about
requiring non-motorized boats to register, the Senate TRA decided
to exempt all non-powered boats from the requirement.
SFC 04 # 106, Side A 10:43 AM
Ms. Sylvester noted that the TRA version of the bill is in
compliance with federal law, which requires motorized vessels to be
registered, and she spoke of the sponsor's desire that the program
continue.
Co-Chair Wilken noted that a representative of the Department of
Health and Social Services is present to answer questions pertinent
to that Department. He voiced the understanding that the Department
supports the bill.
Senator Dyson shared that he is a member of the Boating Safety
Council. He voiced appreciation for the registration exemption for
non-powered vessels as specified in Section 2, subsection (i)(4) on
page two, line 12 that reads as follows.
(4) a boat that is not equipped with mechanical propulsion [,
THAT IS EXCLUSIVELY PADDLED, POLED, ROWED, OR POWERED BY WIND,
AND THAT IS
(a) UNDER 10 FEET IN LENGTH; OR
(b) OPERATED IN THIS STATE FOR A PERIOD NOT EXCEEDING 30 DAYS
IN A CALENDAR YEAR BY A PERSON WHO HAS NOT ESTABLISHED
RESIDENCY AS DESCRIBED UNDER AS 01.10.055];
New Text Underlined [DELETED TEXT BRACKETED]
Senator Dyson suggested that the word "mechanical" be replaced with
the word "powered" as he is concerned the term mechanical could be
confusing as such things as mechanically powered peddle-boats might
be viewed as requiring registration.
SUE HARGIS, Boating Safety Specialist, United States Coast Guard
(USCG), responded that peddle-boats are not recognized as
mechanically propelled by the federal government. Therefore, she
stated that this should not be a concern because the USCG conducts
the training of the State Troopers who would be involved in
enforcing the law.
Senator Dyson acknowledged.
Senator Dyson regarded the language in Section 2, subsection (i)(6)
on page two, line 22 to be redundant in that its specific reference
to "umiaqs," is unnecessary as he viewed those vessels to exempted
by the language in Section 2, subsection (i)(4).
(6) a handmade non-motorized umiaq with a walrus or sealskin
covering.
Ms. Sylvester concurred. Continuing, she noted that the TRA
committee adopted an amendment sponsored by Senator Olson that
incorporated the umiaq reference into the bill, and she noted that
this is the first time in Alaska record that umiaqs, which could be
powered by motors, are referenced in legislation.
Senator Dyson understood; however, asked why such things as kayaks
were not also included.
Ms. Sylvester agreed that it is redundant. In order to address the
reason for the inclusion of umiags, she informed the Committee that
according to USCG regulations, all undocumented vessels equipped
with propulsion machinery must be registered in the State of
principal use. This, she stressed, is the intent of this program.
Senator Dyson announced that his vessels would become compliant
were this bill adopted.
JACK CADIGAN, Captain, United States Coast Guard Retired, and
Representative, United States Coast Guard Auxiliary, stated that he
was available for questions.
Ms. Hargis, on behalf of the USCG, thanked the State for
implementing the Boating Safety Program in 2000. She noted that
Alaska was the last of the fifty states to implement such a program
and as a result, benefited from other states' experiences and has
become one of the leaders in such things as educational programs.
She affirmed that the termination date, which would be extended by
this bill, was originally included to address the continuous
funding concern.
Ms. Hargis noted that while the USCG is typically involved in
boating safety issues when there is the need for a Search and
Rescue operation, this legislation allows the USCG to be involved
at the educational level and in that regard, could assist in saving
lives that otherwise might be lost.
Senator Olson suggested that the words "internal combustion engine"
as opposed to the "less vague mechanical propulsion" term be
utilized, were clarification on this issue desired.
Ms. Hargis clarified that the term "mechanical propulsion" would
serve to include electric engines.
Senator Dyson expounded that "all definitions are problematic" as
exampled by the fact that steam engines are external combustion
engines.
Senator Olson asked the consequence of not adopting this
legislation.
Ms. Sylvester responded that the program would terminate; and as a
result Alaska would loose federal funding that is utilized to
support educational programs. She noted that were the State to
desire to continue any of these programs, general fund support
would be required to replace those funds. In addition, she noted,
that the boat registration process and the revenue generated from
those registrations would revert back to the federal government.
Ms. Hargis noted that while the registration component would
continue as a federal program, the benefits to the State would
dissipate.
Co-Chair Wilken disclosed his involvement in an organization that,
as a result of the programs supported by the Boating Safety
Program, provides life jackets to youth in the Fairbanks area.
Co-Chair Wilken ordered the bill HELD in Committee.
[NOTE: This bill was readdressed after the Recess.]
RECESS TO THE CALL OF THE CHAIR 10:53 AM / 2:50 PM
SENATE CS FOR CS FOR HOUSE BILL NO. 93(TRA)
"An Act relating to boating safety, registration, and
numbering; extending the sunset date of changes in ch. 28, SLA
2000; and providing for an effective date."
[NOTE: This bill was heard earlier in the meeting, just prior to
the 10:53 AM RECESS.]
JENNIFER YUHAS, Executive Director, Alaska Outdoor Council (AOC),
testified via teleconference from an offnet site and, while voicing
"general support" for the TRA committee substitute, urged the
Committee to revoke the non-mechanically propelled vessel exemption
afforded in the Version "U" committee substitute in Sec. 2,
subsection (i)(4) on page two, lines 12 -15. She declared that
allowing this exemption would, in effect, place the burden of
funding the program on the shoulders of motorized vessel owners,
when in fact, all users benefit from it.
Co-Chair Green asked for confirmation that AOC is concerned
specifically about language on lines 12-15 of Section 2, subsection
(i)(4) rather than the entirety of the exemption language as
identified on lines 12 through 19 of that section in the TRA
committee substitute.
Ms. Yuhas clarified that AOC is most concerned about the language
on lines 12 through 15 of that section. The language in question
reads as follows.
(4) a boat that is not equipped with mechanical propulsion [,
THAT IS EXCLUSIVELY PADDLED, POLED, ROWED, OR POWERED BY WIND,
AND THAT IS
(A) UNDER 10 FEET IN LENGTH; OR
New Text Underlined [DELETED TEXT BRACKETED]
Senator Bunde questioned the consequences that would occur were the
entirety of Section 2, subsection (i)(4)(B) revised, as it would
appear that it would allow a person who might, for example, not
operate a motorized speed boat for more than 30 days a year, to be
exempt from registering.
(B) OPERATED IN THIS STATE FOR A PERIOD NOT EXCEEDING 30
DAYS IN A CALENDAR YEAR BY A PERSON WHO HAS NOT ESTABLISHED
RSIDENCY AS DESCRIBED UNDER AS 01.10.055];
REPRESENTATIVE BRUCE WEYHRAUCH, the bill's sponsor, affirmed that
would be the affect.
Senator Bunde surmised therefore that the entirety of Sec. 2,
subsection (i)(4) should be eliminated.
Co-Chair Green clarified that AOC's position is that the language
in Section 2, subsections (i)(4) and (4)(A) that were deleted in
the TRA committee substitute be re-inserted.
Senator Bunde understood AOC's concern to be that mechanized
vessels would be subsidizing the program. Therefore to address that
concern, he suggested that the entirety of Section 2, subsection
(i),subsection (4), lines 12 through 19, be eliminated.
Ms. Yuhas clarified that AOC desires to have the language on page
two, lines 12 through 15, reinstated into bill.
Co-Chair Wilken clarified that AOC is concerned about the language
that reads as follows.
(4) a boat that is not equipped with mechanical propulsion [,
THAT IS EXCLUSIVELY PADDLED, POLED, ROWED, OR POWERED BY WIND,
AND THAT IS
(A) UNDER 10 FEET IN LENGTH; OR
New Text Underlined [DELETED TEXT BRACKETED]
Co-Chair Green recalled that in order to pass the original bill
through the Legislative process, the language in question was added
as a compromise measure because, she noted that, at the time,
people who owned such things as canoes and kayaks under ten feet in
length did not wish to support the program. The supporters of the
original bill, she noted, assumed that everyone, regardless of
whether their vessel was motorized or not, participated in
recreation and would require assistance in times of need or would
benefit from one of the educational programs. Therefore, she urged
that this language be reinserted.
Amendment #1: This language would reinstate the following language
into Sec. 2, subsection (i)(4) on page two, beginning on page 12 as
follows.
(4) a boat that is not equipped with mechanical propulsion,
that is exclusively paddled, poled, rowed, or powered by wind,
and that is
(A) under 10 feet in length
Co-Chair Green moved to adopt Amendment #1.
Co-Chair Wilken objected for discussion.
Senator Dyson asked the affect of this amendment.
Co-Chair Green stated that were this language reinstated, all boats
exceeding ten feet in length would require registration.
Representative Bruce Weyhrauch explained that the bill, after
progressing through four different committee hearings, "is a
compromised package." He noted that during the bill's progression
through committees, AOC had spoken in support of establishing the
2010 termination date in order to more adequately assess the
language being discussed in Amendment #1. He informed the Committee
that were the language in Amendment #1 reinstated, then language in
Section 1, subsection (2) on page one, beginning on line 11, must
additionally be discussed as it addresses the same issue.
Senator Bunde understood that adoption of the amendment would
specify that non-powered boats under ten feet would be exempt, and
that longer boats such as canoes, kayaks and other similar boats
would be required to register.
Ms. Hargis affirmed that Senator Bunde is correct in that were
Amendment #1 adopted, non-motorized small boats such as paddleboats
would require registration. She stressed that adoption of the
amendment would not jeopardize compliance with federal
requirements. She clarified that "the occasional users" of such
things as kayaks and canoes, rather than avid boaters, requested
the exemption implemented in the TRA committee substitute.
Co-Chair Wilken understood therefore that were the Committee to
adopt the TRA committee substitute as is, his 18-foot canoe would
not require numbering and registration; however, he continued, were
Amendment #1 adopted, that 18-foot boat would require numbering and
registration as it exceeds ten feet in length.
Senator Dyson recalled that during previous committees'
discussions, small boat owners objected to registering them because
they argued that many small boats are seldom utilized and therefore
would not require the same measure of USCG assistance that larger,
more frequently used power boats would. He voiced opposition to the
amendment.
Ms. Sylvester stated that the original purpose of the bill was to
either repeal or extend the termination date of the Safe Boating
Program. However, she pointed out that during the committee
processes, the issue of whether or not to license non-motorized
vessels such as rafts, rowboats, and kayaks, particularly in
Interior Alaska, which were used on an infrequent basis, surfaced
and became a pivotal point of discussion. She disclosed that "the
bottom line" regarding this bill is the fact that the money that
funds this program is derived from the federal motor fuel tax
rather than from such things as registration fees. Thus, she
concluded, "the logical link" in this legislation is the fact that
federal regulations specifically require boats propelled by
motorized mechanisms to be registered. While voicing appreciation
for AOC's position, she observed that there are impassioned
positions on both sides of the argument. To put the cost of
registering "in perspective," she pointed out that the cost of
registering a vessel is $3.33 per year. In summary, she stated that
removing the language in question was a policy call on the part of
the TRA committee, and she stressed that, "for the price," the
Boating Safety Program "is a great program."
Co-Chair Wilken reviewed the amendment and concluded that a vote
for the amendment would reinstate language on page two, lines 12
through 15 that was omitted by the TRA committee. Thus, he stated,
adoption of the amendment would serve to continue the original
bill's language in that any non-motorized boat, ten feet in length
or longer, would be required to register.
Senator Dyson asked how many non-mechanized vessels have been
registered since this program's implementation.
Ms. Hargus stated that, "there has been compliance" with the
program and that approximately 25,000 vessels have registered. She
noted that prior to the program's transferal from federal control
to the State, approximately 33,000 boats were registered and that
after the transfer, the numbers increased to approximately 85,000
overall. She disclosed that upon a USCG review of Search and Rescue
(S&R) responses that were conducted, it was determined that
approximately ten percent of the total S&R responses involved non-
motorized boats.
Senator Dyson calculated that approximately 25-percent of the
entire number of non-motorized vessels in the State that should be
registered, are. Continuing, he stated that adoption of this
amendment would make the owners of the remaining 75-percent non-
compliant, and therefore subject to sanction. Therefore, he asked
the penalty for non-compliance.
Representative Weyhrauch stated that, the previous year, he had
been cited for non-registration of a 16-foot Boston Whaler skiff.
He disclosed that he had received a citation and was required to
comply with USCG licensing regulations.
Senator Dyson asked whether his picture was published in the paper.
Representative Weyhrauch responded in the negative, and stated that
once he had complied with the requirements, the case was dismissed.
Senator Dyson understood therefore that no fine was levied.
Representative Weyhrauch stated that he was required to comply with
the requirements and did not have to pay a fine.
Senator Olson spoke against the amendment.
Ms. Hargus stated that were the State, rather than the USCG, to
have cited Representative Weyhrauch, a $50 fine would have been
levied for the offense.
Co-Chair Wilken, noting that the end of this Legislative Session is
nearing, asked how the adoption of this amendment would affect
further action on this bill.
Representative Weyhrauch opined that this action would negatively
affect the bill's passage.
Senator B. Stevens understood that the amendment would reinstate
the registration for non-motorized vessels that are ten feet in
length or longer and would not require registration for non-
motorized vessels less than ten feet. He declared a conflict, as he
owned boats in each category.
Senator B. Stevens asked the reason that the adoption of the
amendment "would dislodge the bill from concurrence."
Representative Weyhrauch responded that getting agreement, in light
of the controversy regarding the termination date and the non-
motorized vessel registration issues, might be difficult.
In response to a question from Senator B. Stevens, Ms. Hargus
clarified that the registration issue pertains to non-motorized
boats, as all motorized vessels would continue to be required to
register.
Representative Weyhrauch reiterated that the motorized boat
registration requirement is because of the federal motor fuel tax.
Ms. Sylvester pointed out that the bill would not have reported
from the TRA committee were the exemption for non-motorized vessels
not incorporated. She stated that the individuals who opposed the
requirement that non-powered vessels be registered would again
voice their objection to the bill were this language reinstated.
Co-Chair Wilken voiced that delaying the bill would be problematic.
Senator B. Stevens asked regarding the registration fee.
Representative Weyhrauch responded that the three-year registration
fee is ten-dollars.
Ms. Sylvester stated therefore, that the cost is $3.33 a year.
Senator Olson spoke against the amendment due to its negative
affect on the use of small non-motorized boats in Rural Alaska. He
stated that this is another example of an un-necessary layer of
government.
Senator Bunde stated that "for the greater good," he would oppose
the amendment. However, he suggested that those who disagree with
paying $3.33 a year should not receive S&R support.
Co-Chair Green reminded the Committee that the original Boating
Safety Program legislation would not have been enacted were the
exemption awarded to non-motorized vessels under ten-feet not
incorporated. She opined that all boaters should support the
program as all benefit from it.
Representative Weyhrauch acknowledged Co-Chair Green' comment.
A roll call was taken on the motion.
IN FAVOR: Co-Chair Green
OPPOSED: Senator Hoffman, Senator Olson, Senator B. Stevens,
Senator Dyson, Senator Bunde, and Co-Chair Wilken
The motion FAILED (1-6)
The motion to adopt Amendment #1 FAILED.
CLIFF JUDKINS, Chair, Alaska Boating Association, testified via
teleconference from Mat-Su, to share that the Association's 1,200
membership consists of both power and non-power boaters. He noted
that his testimony is "moot" as it pertained to Amendment #1 that
the Committee failed to adopt.
Senator Bunde moved to report the bill from Committee with
individual recommendations and accompanying fiscal notes.
There being no objections, SCS CS HB 93(TRA) was REPORTED from
Committee with zero fiscal note #3, dated January 13, 2004 from the
Department of Natural Resources and negative $24,800 fiscal note
#4, dated January 16, 2004 from the Department of Administration.
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