Legislature(2003 - 2004)
04/01/2004 01:35 PM Senate TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 93(FIN)-BOATING SAFETY, REGISTRATION, NUMBERING
REPRESENTATIVE BRUCE WEYHRAUCH, sponsor, asked the committee to
reject the two amendments that were proposed at the last hearing
saying that adhesian of the sticker could be dealt with
technically and the other amendment with another exemption
really wasn't necessary.
1:40 - 1:44 - at ease
CO-CHAIR COWDERY moved to adopt Amendment 1.
23-LS0230\S.2
Luckhaupt
12/14/04
A M E N D M E N T 1
OFFERED IN THE SENATE
TO: CSHB 93(FIN)
Page 2, line 12, following "boat":
Insert "operated on the freshwater lakes and inland
waterways of the state that is under 17 feet in length and"
SENATOR OLSON said Amendment 1 addresses the Coast Guard's
concern about motorized vehicles, but wanted to know why it
addressed fresh water lakes only. He said this amendment relates
to hand-crafted umiaqs with walrus skin coverings and, "Between
Diomede and Wales, you're not going to be up there rowing with a
current at 3 to 5 knots."
CO-CHAIR WAGONER asked for a roll call. Senator Olson, Co-Chair
Cowdery and Co-Chair Wagoner voted yea; Senator Lincoln voted
nay.
CO-CHAIR COWDERY moved to rescind the vote, as Senator
Therriault just arrived.
CO-CHAIR WAGONER noted for him that the sponsor's statement said
Amendment 1 wasn't necessary.
CO-CHAIR COWDERY moved Amendment 1 again.
SENATOR OLSON said his main concern is that:
I want to make sure that if someone has a canoe out
there that - maybe they use it only once in the last
10 years, but I want to make sure they have the
liberty to go ahead and use that for whatever
necessary.... If something starts to drift away and
they have an emergency on their hands... and someone
comes up and says that you've got a canoe that's not
registered. I've got a problem with that.
SENATOR LINCOLN directed the committee to page 2, line 12, which
exempts boats that are not equipped with mechanical propulsion.
Adding the amendment might make the language more cumbersome.
CO-CHAIR WAGONER asked for the roll call vote. Senators Olson,
Therriault, Lincoln and Co-Chair Wagoner voted no; Co-Chair
Cowdery voted yea; and Amendment 1 failed.
SENATOR OLSON moved Amendment 2. He thought putting decals on
umiaqs was shortsighted. That is why he asks that all native
crafts with animal hide coverings be exempt.
23-LS0230\S.1
Luckhaupt
12/14/04
A M E N D M E N T 2
OFFERED IN THE SENATE BY SENATOR OLSON
TO: CSHB 93(FIN)
Page 2, line 21, following "government":
Insert ";
(6) a handmade umiaq with a walrus or sealskin
covering"
SENATOR LINCOLN said she strongly supported Amendment 2.
MS. LINDA SYLVESTER, staff to Representative Weyhrauch, said the
problem with the amendment is that currently the federal
standard is that any boat equipped with motorized propulsion has
to be registered. Amendment 2 would be violating the federal
standard; Alaska would lose motor fuel taxes coming into the
state and its boater safety program that they fund.
SENATOR LINCOLN asked if she knows for sure that the state would
lose the boater safety funding with that single exemption.
MS. SUE HARGUS, Coast Guard, explained that one of the few
federal requirements is that within the boating safety program
the state provide for registration. This has been very
contentious for some reason in Alaska. Registering umiaqs with
motors is still required under federal law even if state law
exempts them. The intention of the law is that if the umiaq
washes up on some shore a hundred miles away, the Coast Guard
knows who to look for.
SENATOR THERRIAULT explained the reason to have a registration
attached to a vessel is because motorized vessels can travel a
great distance. He asked how many search and rescue efforts the
Coast Guard performs in western and northern Alaska.
MS. HARGUS replied since 1990, the Coast Guard has spent a
couple of million dollars searching for boats on the northwest
coast.
SENATOR OLSON asked if the state would lose all of the
approximately $350,000 for an exemption like this.
MS. SYLVESTER answered that the program has to match the federal
minimum requirements. She related an anecdotal story about how
this situation happened in Montana.
SENATOR OLSON said he found it hard to rationalize that people
have been paying a gas tax of three to four percent to fund that
program and then the federal government puts stipulations on
getting the money back. He also noted that they are just
discussing extending a sunset, not passing a new law.
MS. SYLVESTER explained that they are changing existing law that
includes all paddleboats that are over 10 ft. The first uprising
about this bill came from Fairbanks where it didn't make sense
to register paddleboats.
SENATOR LINCOLN asked if there isn't a federal helmet law and
Alaska was threatened for years if it didn't pass a helmet law
it would lose some DOTPF federal dollars.
SENATOR THERRIAULT responded that Alaska is in compliance with
that federal requirement where a passenger on a motorcycle is
required to have a helmet. The federal law doesn't require a
driver to have one.
SENATOR LINCOLN pointed out that the umiaq is unique to Alaska
and that just because the federal government requires it doesn't
mean that Alaska needs to jump.
CO-CHAIR WAGONER responded that the helmet law was passed and it
requires anybody 18 years old or under who is riding a
motorcycle to wear a helmet. Once you get to be 18, you can take
your chances. Secondly, a bill just passed on seatbelt
requirements with the same stipulation. He personally has a 26
ft. fiberglass boat that looks like an umiaq and he is required
to have identification on it if he uses it on the water.
It is very important for the Coast Guard to have the
ability to either track or identify floating debris or
an abandoned vessel or a sunken vessel. In my case
they do it electronically with a beeper. I don't know
why it is so important that you don't put an
identification plaque on the seat....
SENATOR OLSON said the people who are sitting in an umiaq are
not sitting on seats that are attached to the frame of the boat.
"They are sitting on cans and things like that because it's cold
and wet." Putting a sticker onto something like fiberglass will
stick, but putting a sticker onto a skin that is not completely
cured - which they aren't so that the oil provides waterproofing
- it's going to shed the decal. He suggested a conceptual
amendment to Amendment 2 to add "nonmotorized umiaqs".
MS. HARGUS said that would be acceptable to the Coast Guard.
CO-CHAIR WAGONER said it would be okay with him.
SENATOR OLSON formally moved the conceptual amendment to
Amendment 2. There were no objections and it was amended.
CO-CHAIR WAGONER asked if there were any further objections to
Amendment 2 am. There were none and it was adopted.
CO-CHAIR COWDERY moved to pass SCS CSHB 93(TRA) from committee
with individual recommendations. There were no objections and it
was so ordered.
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