Legislature(2021 - 2022)BUTROVICH 205
02/02/2022 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB148 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 148 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 148-BOATING SAFETY EDUCATION REQUIREMENT
3:36:47 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 148
"An Act relating to mandatory boating safety education; relating
to operating a boat; 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, sec. 3, ch. 119, SLA
2003, sec. 2, ch. 31, SLA 2012, and secs. 5 and 8, ch. 111, SLA
2018; and providing for an effective date."
3:37:28 PM
SENATOR MICCICHE joined the meeting.
3:37:41 PM
SENATOR ROGER HOLLAND, Alaska State Legislature, Anchorage,
Alaska, sponsor of SB 148 presented the bill. He informed the
committee that he spent 30 years in the U.S. Coast Guard Reserve
and had been in the U.S. Coast Auxiliary in Alaska for 10 years.
Throughout his career he taught innumerable people to pilot
boats and conducted many boating safety classes. SB 148 seeks to
decrease boating fatalities in Alaska.
SENATOR HOLLAND read the sponsor statement for SB 148:
[Original punctuation provided.]
According to the U.S. Coast Guard Office of Auxiliary
and Boating Safety data, Alaska holds the unfortunate
title of having some of the highest recreational
boating fatality rates in the United States. At 7.7
times the national average, Alaska suffers 50
fatalities per 100,000 registered boats. On a per
capita basis, Alaska's fatality rate of 33 deaths per
million people is over 14 times the national average.
SB 148 aims to reduce those figures through boating
safety education.
The Boating Safety data for 2020 shows that 60% of all
boating accidents were a result of improper operation,
90% of accidents involve a boat of greater than 10 hp,
and 77% of deaths in which the operator's training was
known involved an operator with no boating safety
education.
Alaska's Department of Natural Resources currently
offers a boating safety education program funded
through boating registration receipts. However, unlike
many of the lower 48 states, Alaska's program is
completely voluntary. SB 148 would begin a slow
transition toward requiring boating safety education
as a requirement for operating a boat. The bill
exempts those with a commercial fishing license and
Coast Guard Merchant Mariner credentials. To prevent
overwhelming the Boating Safety Education program with
tens of thousands of participants all at once, the
bill proposes that all Alaskans under the age of 18 on
the effective date must take the course before
operating a boat of at least 10 hp.
I've drafted this legislation with the goal of
creating the smallest burden on our residents and
minimal cost to our government. I believe that this
bill would save lives, as better training reduces the
number of boating accidents we experience. Please join
me in supporting this important effort.
3:40:26 PM
SENATOR HOLLAND read the Sectional Analysis for SB 148:
[Original punctuation provided with some formatting changes.]
Sec. 1
Amends AS 05.25.053(b), relating to the statewide
boating safety education program, by removing the
program duties Which are inserted into a new
subsection (d) in section 2 of the bill.
Sec. 2
Creates new subsections AS 05.25.053(d) and (e), which
lay out the responsibilities of the Department of
Natural Resources (DNR) in implementing the statewide
boating safety education program.
Sec. 3
Establishes a new section AS 05.25.054, which
(a) directs DNR to issues boating safety education
cards to persons that pass the course.
(b) requires anyone age 16 and older to have
acceptable proof that they are trained to operate a
boat.
Sec. 4
Establishes a fine of $50 for a violation of carrying
acceptable proof that they are trained to operate a
boat.
Sec. 5
Authorizes the Division of Motor Vehicles to create an
indicator of boating safety training to be placed on
drivers' licenses.
Sec. 6
Authorizes the Division of Motor Vehicles to create an
indicator of boating safety training to be placed on
State identification cards.
Sec. 7
Repeals the reverting sections of the original
enacting legislation for the boating safety program,
and later amendments to it, that were tied to
conditional repealing language in HB 108 (2000).
Sec. 8
Repeals the repealer section of the original enacting
legislation for the boating safety program, and later
amendments to it, that was tied to conditional
repealing language in HB 108 (2000).
Sec. 9
Effective date clause.
3:42:25 PM
SENATOR HOLLAND began the presentation about boating safety with
the graph on slide 2 that shows the number of boating fatalities
per 100,000 registered boats. He pointed out that Alaska is at
the top of the graph with about 2.5 times more fatalities than
the next highest state, which is Colorado.
SENATOR HOLLAND directed attention to the pie chart on slide 3,
Percent of Deaths by Known Operator Instruction. As was pointed
out in the sponsor statement, more than 75 percent of the deaths
involved individuals with no boater safety education. Of the
remaining deaths, 11.2 percent of operators had state
instruction; 10.5 percent of operators had informal or online
training; and 1.2 percent had instruction from USCG Auxiliaries,
U.S. Power Squadrons, or the American Red Cross.
3:43:38 PM
SENATOR HOLLAND advanced to slide 4, Education Requirement by
State. He said Indiana and Minnesota now do have mandatory
boating safety education so just four landlocked states do not
have mandatory boating safety education. He highlighted that,
although one-third to half of all the coastline in the United
States is in Alaska, mandatory boating safety education is not
required.
SENATOR HOLLAND deferred to Joe McCullough to discuss slide 5,
Existing Program.
3:45:11 PM
At ease.
3:45:46 PM
CHAIR REVAK reconvened the meeting and asked Mr. McCullough to
discuss slide 5.
3:46:14 PM
JOE MCCULLOUGH, Boating Law Administrator, Office of Boating
Safety, Division of Parks and Outdoor Recreation, Department of
Natural Resources, Anchorage, Alaska, stated that since 2000,
Since nearly 13,000 National Association of State Boating Law
Administrators (NASBLA) approved course completion certificates
have been issued. Many boaters have opted for online instruction
and several thousand have attended in-person classes. He noted
that the latter seems to be an Alaska preference. The program is
managed by the Department of Natural Resources but is mostly He
stated his belief that the existing funding was sufficient
should SB 148 pass and the training become mandatory.
3:48:45 PM
SENATOR HOLLAND paraphrased slide 6, Bill Highlights.
• Requires boaters to complete a training course
before operating a boat over 10 hp
• Exemptions for:
• Anyone over 18 on the effective date
• Commercial fishing license holder
• Coast Guard Merchant Mariner credential
holder
• Anyone who has passed any other department
approved boating safety course
• Creates a "boating safety" insignia for a
driver's license or state ID
• Removes contingent repeal tied to federal funding
• Sunset date was previously repealed in 2012
SENATOR HOLLAND offered to discuss the contingent repeal tied to
federal funding if there were questions.
3:50:09 PM
MICHAEL FOLKERTS, Recreational Boating Safety Specialist, U.S.
Coast Guard (USCG) District 17, Juneau, Alaska, introduced
himself.
3:50:22 PM
SENATOR STEVENS voiced support for the bill but asked the
sponsor if he would consider adding demonstrated swimming
competency to the requirements in the boating safety program.
3:51:02 PM
SENATOR HOLLAND replied a concern is giving people the idea that
swimming is a safe option in cold waters where hypothermia can
occur quickly after immersion. He relayed his experience during
a USCG training session in Savoonga [a city on St. Lawrence
Island in the Bering Sea] of giving local fishermen an
opportunity to try lifesaving safety gear in the water.
These people had spent as much as 40 years working on and near
the water and none had ever gone in because going in the water
usually means death. He added that he did not believe any state
had swimming as a requirement in a boating safety program.
SENATOR STEVENS voiced support for giving kids in Alaska the
opportunity to learn to swim. He asked if the Coast Guard has a
requirement for swimming.
SENATOR HOLLAND deferred the question to Mr. Folkerts.
MR. FOLKERTS answered no, that is outside the scope of any USCG
approved boating safety programs. Nevertheless, he highly
supports learning to swim and believes it gives boaters a
measure of confidence that may make the difference in surviving
an unplanned cold water immersion event.
3:53:09 PM
CHAIR REVAK asked who would enforce this policy.
MR. FOLKERTS answered that this would be a state law enforced by
state law enforcement officers like state troopers, park
rangers, or those with the authority and jurisdictional
capacity. The USCG assists in supporting state law and may ask
to see the certificate if they board a vessel. If the boater
does not have a card the matter would be referred to the state
for potential prosecution.
CHAIR REVAK referred to the authorizations in Sections 5 and 6
for the Division of Motor Vehicles (DMV) to place a boating
safety training decal on driver's licenses. He asked how this
might be handled in remote areas of the Interior and for
Alaskans who do not have driver's licenses.
SENATOR HOLLAND asked if the question pertained to a lack of
accessibility to the training program.
CHAIR REVAK confirmed he was talking about the unique situations
in rural Alaska, whether it was access to the training on the
internet or not having a driver's license on which to place the
decal.
3:55:36 PM
SENATOR HOLLAND deferred to Joe McCullough.
MR. MCCULLOUGH responded that the Department of Public Safety,
has said enforcement would begin soft then phase in. To the
question of access for rural residents, he said the decal on the
driver's license is optional, not a requirement. Boaters may opt
to carry the boater safety training card they receive after
completing the training program. To the question of access to
the training when the internet is not an option, he said the
Coast Guard is always available to train community instructors
or conduct the training itself. He cited the Kids Don't Float
program that has reached about 6,000 schools and said he sees
that this program will be handled in a similar fashion. "It's
not going to happen overnight, but we do have the infrastructure
to do it," he said.
CHAIR REVAK shared that he had used the Morale, Welfare and
Recreation (MWR) services at JBER and he found it very valuable.
He explained that to rent a boat through MWR it is necessary to
take a safety class.
3:57:49 PM
SENATOR KIEHL thanked the sponsor for bringing the bill forward
and noted that he is generally a fan of safety education
programs. He said he had two lines of questions. The first
relates to state boating fatality rates on slide 2 and the
second relates to the educational requirement on slide 4. He
questioned the correlation between states with safety
requirements and low boating fatality rates as opposed to the
reverse. He highlighted the potentially broad variation in these
state programs and asked if research shows that they work.
SENATOR HOLLAND answered that the graph reflects a snapshot in
time, and the number of fatalities in Alaska fluctuates a lot
from year to year. COVID pushed more Alaskans into the outdoors
the last two years due to cabin fever. He deferred to Mr.
Folkerts to elaborate on the fatality numbers.
3:59:39 PM
MR. FOLKERTS agreed with the sponsor's explanation. The graph is
not necessarily indicative of Alaska over five or ten years, but
it does indicate how Alaska compares to Lower 48 states. He
recounted that Alaska was the last state or territory to create
a boating safety law. Twenty years ago Alaska started the Kids
Dont Float program and it has proved to be one of the most
powerful programs in the country. Education does improve the
ability to make the right decisions on the water.
MR. FOLKERTS acknowledged the general Alaskan feeling about
federal intervention/overreach and advised that federal code
indicates that states have the authority to lead their own
boating safety programs. In this case, the Coast Guard is
Alaska's partner, and it supports the state in its safety
programs. Education may not save every life, but education helps
people make better decisions.
CHAIR REVAK asked Rickey Gease to comment.
4:02:04 PM
RICKEY GEASE, Director, Division of Parks and Outdoor
Recreation, Department of Natural Resources, Anchorage, Alaska,
suggested that John Johnson from the National Association of
State Boating Law Administrators respond to the previous
question. He has data on the effectiveness of mandatory state
boating safety programs.
CHAIR REVAK said he first wanted to hear from the sponsor.
SENATOR HOLLAND confirmed that John Johnson was the expert to
answer Senator Kiehl's question about data and whether mandatory
boating safety training actually saves lives.
4:03:19 PM
JOHN JOHNSON, Chief Executive Officer, National Association of
State Boating Law Administrators (NASBLA), Lexington, Kentucky,
reported that NASBLA has developed national boating education
standards, national marine law enforcement training standards,
and model acts and best practices to help states move forward on
boating safety. He listed the resources NASBLA has available for
states, including a policy position on mandatory education, a
model act on mandatory education, and a dashboard of data
regarding education requirements by state.
To Senator Kiehl's question, he said NASBLA began collecting
data in 2007 to study the effectiveness of mandatory education
programs. The study looked at states that had mandatory boating
education requirements in place for: 1) 20 years or longer, 2)
10-19 years, 3) 1-9 years, and 4) states without mandated
training. In group 1 the average was 3.89 fatalities per year;
in group 2 the average rose to 5.52 fatalities per year; in
group 3 the average was 6.5 fatalities per year; and the states
without mandatory boating safety training averaged 12.28
fatalities per year, more than twice the other groups.
MR. JOHNSON said that more recent data was collected for 2015-
2019 that includes states that added mandatory training since
2007. The new data group looks at states that had mandatory
education requirements in place for: 1) 35 years or longer; 2)
25-34 years; 3) under 25 years; and 4) states without mandatory
training. In group 1 the average fatality rate was 3.7 per year;
in group 2 the average fatality rate was 6.79 per year; in group
3 the average fatality rate was 6.95 per year; and the average
fatality rate in the 14 states without mandatory training was
14.28 per year.
MR. JOHNSON identified the big takeaway as the widening gap
between the fatalities among states with mandatory boating
safety education and those without. He restated that the average
fatalities for those states without mandatory boating safety
training has grown from 12.28 deaths per year in 2007 to 14.28
deaths per year in 2019. By contrast, annual boating fatalities
in states with mandatory boating safety training requirements
have stayed about the same. Overall, he said boaters in states
without boating safety education requirements are more than
twice as likely to die from a boating incident. He offered to
provide the data and the reports he referenced.
4:07:05 PM
SENATOR KIEHL stated he'd like to see the reports.
CHAIR REVAK asked Mr. Johnson to send the information to his
office.
4:07:15 PM
SENATOR KAWASAKI asked the sponsor if somebody who rents a boat
or skiff would be required to carry proof that they had
completed the boating safety training.
SENATOR HOLLAND offered his understanding that the bill would
require somebody who rents a boat in Alaska to have completed a
boating safety training course and carry proof, electronic or
hard copy.
SENATOR KAWASAKI stated he wanted to read that. He also
questioned whether the sponsor would consider a delayed
effective date
CHAIR REVAK said he noted the question.
SENATOR HOLLAND supplemented his previous response and directed
attention to the language in Section 3. The new Sec.
05.25.054(b) says "A person may not operate a boat with an
engine of 10 horsepower or more 20 unless" they are at least 16
years old and had completed a dockside safety check before
operating the boat.
4:09:42 PM
SENATOR MICCICHE referenced the fiscal note and asked for
confirmation that the mandatory program carries no cost other
than the change to a person's identification card.
SENATOR HOLLAND confirmed that the bill carried a zero fiscal
note. He added that a forthcoming fiscal note would reflect the
$14,000 for DMV to add a decal to drivers licenses.
SENATOR MICCICHE asked if the boating safety instruction would
be no cost for the public.
SENATOR HOLLAND answered that organizations such as BoatUS
provide free online boating safety courses. He deferred further
response to Mr. McCullough.
4:10:54 PM
MR. MCCULLOUGH advised that the BoatUS Foundation offers free
courses in boater safety training; the state's nationally
approved Water-Wise course is free; the USCG Auxiliary charges a
small fee to cover materials; and fee-based courses are
available online. He restated that the department submitted a
zero fiscal note because it would incur no cost to implement the
mandatory program; the voluntary program is already in place and
individuals have a variety of options to get the training.
SENATOR HOLLAND followed-up saying that the Coast Guard
Auxiliary charges $75 for a 10 week night class that is very
comprehensive. The fee primarily covers the text. National
organizations also offer fee-based online educational modules
tailored to particular state laws.
SENATOR MICCICHE asked how many Alaskans would have to take the
mandatory training because they fall outside of the exemptions.
SENATOR HOLLAND said he would follow up with the information.
CHAIR REVAK asked Mr. Giese if he had the information.
4:13:54 PM
MR. GEASE answered no, but he would work with the sponsor to get
the information.
4:14:14 PM
SENATOR STEVENS asked if the bill requires a boater to complete
a certain number of hours of boating safety education.
SENATOR HOLLAND answered that there are a variety of classes of
different lengths. The USCG Auxiliary has four and eight hour
classes and the state offers an eight hour NASBLA-approved class
on boating safety. The USCG auxiliary class he mentioned
previously meets one night a week for three hours over the
course of 10 weeks. It is much broader and more expansive than
basic boater safety.
SENATOR STEVENS asked what the legal requirements are for
boating safety and whether the eight hour class would satisfy
those.
SENATOR HOLLAND deferred the question to Mr. McCullough.
4:16:26 PM
MR. MCCULLOUGH referenced Title 5 and said the basic state and
the federal requirements include: life jackets, sound signals,
boat registration, navigation lights if the boat operates from
sunset to sunrise, and a visual distress signal. The USCG
Auxiliary class also addresses the use of alcohol and other
substances that affect cogent operation of a boat.
4:17:26 PM
SENATOR KIEHL asked whether there is reciprocity among states
with these boating safety programs.
SENATOR HOLLAND deferred the question to Mr. Folkerts.
MR. FOLKERTS responded that the standard for boating safety
education is NASBLA approval, so any course that meets those
requirements may transfer to another state. However, it is not a
given.
SENATOR KIEHL asked if the bill requires boaters to renew their
safety education.
SENATOR HOLLAND returned to the question of reciprocity and read
the exception in subsection (b)(7) for persons operating a boat
with an engine of 10 horsepower or more. He read the language in
paragraph (7) on page 4, line 2:
(7) the person is a resident of another state and
is carrying on the boat a boating safety education
card approved by the National Association of State
Boating Law Administrators; or
He asked Senator Kiehl to repeat his second question.
SENATOR KIEHL asked if the bill requires continuing
education/refresher courses/renewal or if the safety card is
valid for life.
SENATOR HOLLAND answered that the boating safety training is a
one-time class. It does not need to be renewed.
4:20:43 PM
SENATOR MICCICHE noted that the bill exempts individuals who
hold a commercial fishing license or a valid USCG commercial
operator's license to operate a "six-pack" or larger vessel. He
referenced the repealer language and asked if the state has
foregone federal funding because it does not have mandated safe
boater education.
4:21:36 PM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, explained that the state has been able to fund
the voluntary program with federal funds since 2000 and that
will continue after SB 148 passes. The existing law does
condition the program on the continuation of federal funding. SB
148 proposes to remove that condition to give the state
discretion to continue the program should the federal funding
stop.
4:22:57 PM
SENATOR KIEHL offered his understanding that the bill makes it
illegal for a person who is under the age of twelve to operate a
boat with an engine that is greater than 10 horsepower if they
are alone. He shared that he did that when he was young, and
asked for an explanation of that limitation.
4:24:05 PM
SENATOR BISHOP joined the meeting.
4:24:12 PM
SENATOR HOLLAND pointed out that the bill only addresses
motorized watercraft of greater than 10 horsepower. He noted
that a twelve-year-old could legally operate a boat with a 9.9
HP engine.
SENATOR KIEHL said he'd have to think about that requirement
given that a life-jacketed young Jesse Kiehl spent a lot of time
running around on flat water in a Zodiac inflatable with a
crummy 20 HP Mercury outboard.
4:25:32 PM
SENATOR STEVENS drew laughter when he asked if it was too late
to prosecute the senator.
CHAIR REVAK asked Mr. King if he had something to add.
MR. KING stated that SB 148 was drafted based on model
legislation from NASBLA, and Mr. Johnson may be able to discuss
why the 12-year-old limitation is in the model legislation.
4:26:26 PM
MR. JOHNSON explained that the limitation came from a group of
boating safety officials who determined that it was reasonable
to assume that a 12-year-old could understand the rules
associated with a boating safety education course and operate a
motorized watercraft safely.
CHAIR REVAK asked Mr. King if he had anything to add.
4:27:05 PM
MR. KING highlighted two issues the committee might consider for
amendment. First, the two references to United States Coast
Guard commercial operator's license should instead refer to the
United States Coast Guard merchant mariner credential. The
second issue relates to the language on page 3, lines [28-29]
that talks about completing a required dockside safety
checklist. Because that information might not exist in state
law, he suggested the committee might consider giving the
department regulatory authority to develop that checklist.
CHAIR REVAK said he would work with the sponsor's office to
address those items before the bill is heard again.
4:28:12 PM
SENATOR MICCICHE asked for confirmation that the bill does not
specifically address registered guides who may hold a "six-pack"
license, which is very different than a merchant mariner
certificate.
MR. KING said the language was flagged as incorrect terminology
and the sponsor could further discuss what the terminology
should be.
4:28:46 PM
CHAIR REVAK opened public testimony on SB 148.
4:29:11 PM
JOE GROVES, representing self, Kotzebue, Alaska, stated that he
is a licensed merchant mariner who has worked with the schools
and the school district as well as at the state level to advance
boating safety. He opined that boating safety education is
important, particularly in regions such as Kotzebue where
transportation centers on the water. Boating safety education
has definitely saved lives in this area, so he supports
legislation that promotes such training.
4:30:31 PM
KELLY TOTH, representing self, Anchorage, Alaska, reported that
she previously spent eight years as an education coordinator for
the Office of Boating Safety. She also serves on the national
standards panel for the National Association of Boating Law
Administrators, which helps establish the standards the
committee has been discussing. She explained that national
standards are built on a consensus basis and issued through the
American National Standards Institute.
MS. TOTH reported that Dr. Michael Tipton conducted a study that
looked at how mandatory boating safety education and training
saves lives. She offered to follow up with the study. She added
that any good injury prevention program includes the public
health pillars of engineering, education, and enforcement and SB
148 addresses the education component. She concluded her
testimony by sharing a story about a father, a son, and an uncle
who capsized an overloaded canoe while moose hunting. The son
was trained in boating safety and the only one wearing a
lifejacket. He is credited with saving his father and uncle.
Anecdotally we know that education saves lives, she said.
4:33:28 PM
CHAIR REVAK closed public testimony on SB 148.
SENATOR HOLLAND said it will be a large lift to move Alaska out
of first place among states in annual boating fatalities, but
it's worth the effort.
4:34:56 PM
SENATOR MICCICHE shared his boating experiences as a boy in
Florida and later as an adult in Alaska and questioned whether
it was realistic to have national standards when there is such
variability in water and weather conditions across the country.
SENATOR HOLLAND agreed that one size does not fit all but
national companies that have helped 40 other states were waiting
to help adapt training standards to fit Alaska. He deferred
further comment to Mr. Johnson.
4:37:07 PM
MR. JOHNSON said the national standards provide a common
denominator that leaves room for each state to add specific
provisions.
4:38:25 PM
At ease.
4:38:39 PM
CHAIR REVAK reconvened the meeting.
[CHAIR REVAK held SB 148 in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 148 Fiscal Note DOA-DMV 1.29.2022.pdf |
SRES 2/2/2022 3:30:00 PM |
SB 148 |
| SB 148 Fiscal Note DOR 1.28.2022.pdf |
SRES 2/2/2022 3:30:00 PM |
SB 148 |
| SB 148 Presentation 2.2.2022.pdf |
SRES 2/2/2022 3:30:00 PM |
SB 148 |
| SB 148 Sectional Analysis 2.2.2022.pdf |
SRES 2/2/2022 3:30:00 PM |
SB 148 |
| SB 148 Sponsor Statement 2.2.2022.pdf |
SRES 2/2/2022 3:30:00 PM |
SB 148 |
| SB 148 Written Public Testimony 2.2.2022.pdf |
SRES 2/2/2022 3:30:00 PM |
SB 148 |