Legislature(2003 - 2004)

04/20/2004 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
      CSHB  93(FIN)-BOATING SAFETY,REGISTRATION, NUMBERING                                                                  
                                                                                                                              
                                                                                                                                
CHAIR  GARY STEVENS  announced  HB 93  to be  the  next order  of                                                               
business. [The committee considered SCS CSHB 93(TRA).]                                                                          
                                                                                                                                
LINDA  SYLVESTER,   staff  to  Representative   Bruce  Weyhrauch,                                                               
explained that  the bill reauthorizes the  boating safety program                                                               
that passed in  2000. "It created a  superb comprehensive boating                                                               
safety  statute for  Alaska."  As a  result,  safety on  Alaska's                                                               
inland and marine waters increased and fatalities decreased.                                                                    
                                                                                                                                
     The  Act  did  two   things:  it  consolidated  boating                                                                    
     regulatory functions  and it  created a  steady funding                                                                    
     source for  boater education programs for  the state of                                                                    
     Alaska. Funding  for the  new registration  function is                                                                    
     derived  from federal  motor  fuel  taxes collected  in                                                                    
     Alaska as  well as revenues from  the boat registration                                                                    
     program.                                                                                                                   
                                                                                                                                
Originally  the bill  had a  sunset  to ensure  that this  didn't                                                               
become an unfunded mandate if  the federal funds didn't continue.                                                               
The federal  funding stream is  currently in place and  the House                                                               
Finance Committee placed a 2010 sunset provision on the program.                                                                
                                                                                                                                
MS. SYLVESTER noted that there are  350 active sites in about 140                                                               
communities across the state that  participate in the "Kids Don't                                                               
Float"  lifejacket loan  program.  This is  a successful  program                                                               
that is funded by the boating safety program.                                                                                   
                                                                                                                                
SENATOR JOHN COWDERY  asked if this included  documented boats or                                                               
just registered boats.                                                                                                          
                                                                                                                                
SUE HARGAS, Coast Guard Boating  Safety Specialist, told him this                                                               
includes only  registered boats. Documented boats  are documented                                                               
under a national documentation program.                                                                                         
                                                                                                                                
SENATOR COWDERY said,  "I just wanted that on the  record. I knew                                                               
that."                                                                                                                          
                                                                                                                                
MS. HARGAS told Senator Cowdery  that the program wouldn't affect                                                               
his boat.  Continuing, she said Alaska  has done a good  job with                                                               
the program  since inception. "Alaska  was the last state  in the                                                               
nation  to take  a program  on and  [the state]  really took  the                                                               
opportunity to  work with us  and work  with other states  to put                                                               
together  a  good program."  This  is  an education  rather  than                                                               
compliance program with 75 percent  of the federal proceeds going                                                               
to education and safety.                                                                                                        
                                                                                                                                
The authority  for the programs  went to  the states in  1958 and                                                               
the  funding followed  in 1971.  Since September  11 it's  become                                                               
more important  for states to  run the program because  the Coast                                                               
Guard has increased national security duties.                                                                                   
                                                                                                                                
SENATOR  BERT  STEDMAN  noted  some of  the  exemptions  and  was                                                               
curious why recreational boat tenders aren't exempted.                                                                          
                                                                                                                                
MS.  HARGAS explained  that  the federal  law  requires that  all                                                               
boats  equipped  with  machinery propulsion  be  registered.  The                                                               
original exemption  for less  than 10  feet was  included because                                                               
the Legislature decided to  include registration requirements for                                                               
vessels not equipped with machinery  propulsion that were over 10                                                               
feet  long. This  meant  that canoes,  kayaks  and other  similar                                                               
craft had to be registered.                                                                                                     
                                                                                                                                
Since that  time the public has  spoken up in opposition  to that                                                               
requirement so  that was one  of the  first things taken  out. As                                                               
written,   CSHB  93(TRA)   requires  any   boat  with   machinery                                                               
propulsion to  be registered, which  is in line with  the federal                                                               
requirement,  and does  not require  non-motorized vessels  to be                                                               
registered. "Tenders under  both federal law and  state law would                                                               
be required to register."                                                                                                       
                                                                                                                                
SENATOR STEDMAN  asked for verification  that tenders  would have                                                               
to  be  registered  regardless   of  state  law  because  federal                                                               
requirements trump state laws.                                                                                                  
                                                                                                                                
MS. HARGAS agreed.                                                                                                              
                                                                                                                                
SENATOR STEDMAN  asked what happens  if you put  a 2 HP  motor on                                                               
your canoe.                                                                                                                     
                                                                                                                                
MS.  HARGAS told  him that  once you  put a  motor on  the canoe,                                                               
you'd  have  to  register  it.  "Anything  that's  equipped  with                                                               
machinery propulsion. Same  thing with sailboats; if  they have a                                                               
motor on them, which many sailboats do, they have to register."                                                                 
                                                                                                                                
SENATOR  STEDMAN   remarked  that   he  didn't  agree   with  the                                                               
requirement.                                                                                                                    
                                                                                                                                
CHAIR GARY  STEVENS noted that  Jeff Johnson, with the  Office of                                                               
Boating  Safety in  DNR, was  available to  answer questions.  He                                                               
then called on Mr. Quinlan.                                                                                                     
                                                                                                                                
KEVIN  QUINLAN,   chief  of  safety  advocacy   at  the  National                                                               
Transportation Safety Board (NTSB)  in Washington D.C., described                                                               
the   board   as    the   independent   transportation   accident                                                             
investigation agency. He reiterated,  "The Boating Safety Program                                                               
is  an  exceptionally  effective   program.  Nationally  we  were                                                               
running  about  1,200  fatalities  per year  before  the  Boating                                                               
Safety Program  started and we're  down to  about 6 or  7 hundred                                                               
now."                                                                                                                           
                                                                                                                                
His only  criticism of  the bill  was in  Section 3.  Because the                                                               
program is so successful, he could  see no reason for the sunset;                                                               
this should be a permanent program.                                                                                             
                                                                                                                                
SENATOR STEDMAN asked how boats without title are addressed.                                                                    
                                                                                                                                
MR. QUINLAN  told him the  Coast Guard representative  was better                                                               
able to answer that question.                                                                                                   
                                                                                                                                
MS. HARGAS  advised that there  has been better  compliance since                                                               
the  state took  over the  program.  She opined  this is  because                                                               
there  is an  increased awareness  of the  program and  it's more                                                               
convenient and visible located in the DMV.                                                                                      
                                                                                                                                
She asked  if that  addressed his basic  question. The  number of                                                               
registrations  is  up  and they  haven't  heard  resistance  from                                                               
boaters regarding fees, which are $24 for 3 years.                                                                              
                                                                                                                                
SENATOR STEDMAN replied boaters are  motivated when fish and game                                                               
officers  check  fishing  licenses  and find  boats  that  aren't                                                               
registered.  He reported  that all  his motorized  boats are  now                                                               
registered. "We're all-legal now," he said.                                                                                     
                                                                                                                                
MS.  HARGAS said  that the  Coast Guard  relies on  those numbers                                                               
heavily for  search and rescue operations.  They are particularly                                                               
important  in   the  coastal  areas   and  Southeast   Alaska  in                                                               
particular.                                                                                                                     
                                                                                                                                
CHAIR GARY STEVENS announced that he  would lose a quorum in nine                                                               
minutes and he would like to move the bill.                                                                                     
                                                                                                                                
JACK CADIGAN, Captain, U.S. Coast  Guard, retired, stated that he                                                               
was representing the Coast Guard  auxiliary, an organization that                                                               
has  400  volunteers  around  the state.  He  read  testimony  in                                                               
support of  HB 93 into the  record. A copy of  his full testimony                                                               
may be found in the bill file.                                                                                                  
                                                                                                                                
There was no further testimony.                                                                                                 
                                                                                                                                
SENATOR  COWDERY made  a motion  to  move SCS  CSHB 93(TRA)  from                                                               
committee   with   accompanying   fiscal  note   and   individual                                                               
recommendations. There being no objection, it was so ordered.                                                                   

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