Legislature(2003 - 2004)
01/22/2004 01:43 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
January 22, 2004
1:43 PM
TAPE HFC 04 - 10, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 1:43 PM.
MEMBERS PRESENT
Representative John Harris, Co-Chair
Representative Bill Williams, Co-Chair
Representative Kevin Meyer, Vice-Chair
Representative Mike Chenault
Representative Eric Croft
Representative Hugh Fate
Representative Richard Foster
Representative Mike Hawker
Representative Carl Moses
Representative Bill Stoltze
MEMBERS ABSENT
Representative Reggie Joule
ALSO PRESENT
Linda Sylvester, Staff to Representative Bruce Weyhrauch;
Admiral James Underwood, United States Coast Guard; Sue
Hargis, United States Coast Guard; Kevin Jardell, Assistant
Commissioner, Department of Administration.
PRESENT VIA TELECONFERENCE
Jack Cadigan, Coast Guard Auxiliary, Juneau; Duane Bannock,
Director, Division of Motor Vehicles, Department of
Administration.
SUMMARY
HB 93 An Act relating to boating safety; repealing secs.
3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, 27, and
30, ch. 28, SLA 2000; and providing for an
effective date.
CS HB 93(TRA) was HEARD and HELD in Committee for
further consideration.
HOUSE BILL NO. 93
An Act relating to boating safety; repealing secs.
3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, 27, and
30, ch. 28, SLA 2000; and providing for an
effective date.
LINDA SYLVESTER, STAFF to REPRESENTATIVE BRUCE WEYHRAUCH,
explained that Version Q of CS HB 93(TRA) relates to the
Boating Safety Act reauthorization. Testimony was heard and
the bill was held in House Finance Committee last session.
ADMIRAL JAMES UNDERWOOD, U.S. COAST GUARD (USCG), spoke in
favor of HB 93 that would repeal the sunset clause in
Alaska's boating safety law. When the Boating Safety Act was
signed in May 2000, Alaska became the last state to
establish a boating safety program. The sunset provision
was added to address concerns about the continuity of
federal funding. This program has been reauthorized and
funding is expected to continue and increase due to a shift
in the federal funding formula. The program has brought
about increased public awareness of boating safety and Mr.
Underwood spoke in support of The Kids Don't Float program
that has saved the lives of at least 9 children. He
described the education efforts of the program that has more
successfully reached elementary age children than the Coast
Guard Auxiliary program.
Mr. Underwood described the shift of boating safety efforts
from the USCG to the State of Alaska in 1979 and the Coast
Guard's focus on search and rescue. Since Sept. 11, 2001
the USCG has been engaged in Homeland Security issues.
Representative Stoltze inquired about the possibility of a
volunteer program to assist in search and rescue. Mr.
Underwood replied that a volunteer program would not meet
the federal guidelines and would not qualify for matching
state funds.
Representative Stoltze commented that the purpose of the
sunset was to ensure future funding and asked if there would
be a problem extending the sunset instead of repealing them.
He expressed doubt over the long-term reliability of federal
funding.
Mr. Underwood replied that the federal funds have been
reauthorized on a permanent basis. Another law, the "Safe
and Flexible Transportation Efficiency Act of 2003"
allocates available funds between anglers and boaters. The
fifty percent state and federal match of the past is now 75%
federal with a 25% matching state share, providing an
increase for Alaska.
Representative Stoltze noted the bill provides a total
exemption for non-motorized craft, and asked if that's
equitable. He also questioned if there is no cost to the
USCG for search and rescue of non-motorized vessels.
Mr. Underwood replied, federal law has no requirement for
non-motorized vessels to be registered. State law has
required them to register, which brings in about $30
thousand to $35 thousand annually. The average number of
USCG search and rescue efforts for canoes and kayaks is 5
per year compared to 30 motorized search and rescues. He
commented that having a [registration] decal doesn't make a
boat easier to find or safer. The cost of non-motorized and
motorized search and rescue efforts are more determined by
fuel costs to get USCG assets on scene, with boating
accidents in Unalaska costing more than those in Southeast
Alaska.
Mr. Underwood continued discussing boating fatalities since
the boating law was enacted.
Representative Croft brought up the intent language in the
original bill, which stated that at least 75% of federal
funds generated from this Act would be used to fund boating
safety programs. He asked if the intent is being met.
Mr. Underwood replied that he believed it is.
Co-Chair Harris asked if the deleted language on Page 2,
Sec. 2(i)(4) is a good idea.
Mr. Underwood replied 'yes,' while at the same time
expressing concern that the language not remove the state
from federal entitlement funds through non-compliance with
the Safe Boating Act. He stated that the number of non-
motorized boating fatalities is extremely low.
Representative Hawker asked if this proposed language would
threaten existing funding. Mr. Underwood responded that the
language would not.
Representative Hawker asked if the funding would be
threatened if the language in the original bill were
reinserted.
Mr. Underwood replied that reinserting the language would
not threaten the funding. He discussed the enforcement
effort regarding noncompliant non-motorized craft compared
to the risk of losing the whole program by letting the law
die. In his opinion, if removing those vessels [in Sec.
2(i)(4)] would allow the rest of the law to remain, the
greater good would be served.
Co-Chair Harris asked if the sections [being repealed] in
Sec. 3 of CSHB 93 (TRA) all relate to the sunset provision.
Linda Sylvester agreed that HB 93 is confusing in its
wording. She explained that the repealers in this version
refer back to the bill passed in 2000;CSHB 93(TRA) repeals
the paddle boat provisions.
Representative Croft asked if the sections listed in Sec. 3
all relate to sunset.
Linda Sylvester replied that these repealed sections would
make inactive the provisions of the boating safety statute
by the end of 2004.
SUE HARGIS, U.S. COAST GUARD, explained the bill removes old
provisions of state regulations that mirrored federal law.
These regulations will disappear if the sunset doesn't get
repealed.
PAM LABOLLE, PRESIDENT, ALASKA STATE CHAMBER OF COMMERCE,
stated that the Chamber was supportive of the initial law
[Boating Safety Act]. The Chamber is convinced this is a
good program and would like to maintain federal support for
it.
JACK CADIGAN, U.S. COAST GUARD AUXILIARY, spoke representing
himself and the Alaskan district of the Auxiliary. Boating
safety has significantly improved and the Auxiliary
enthusiastically supports this bill. He urged the
Legislature not to allow primary water safety responsibility
in Alaskan waters to revert back to the federal government.
The state can do a better overall job promoting water safety
than the USCG, and he urged unanimous support of the bill.
Representative Stoltze recalled a different fiscal note than
$35 thousand for the original boating safety bill in 2000,
and he asked Mr. Bannock's recollection of the fiscal note.
DUANE BANNOCK, DIRECTOR, DIVISION OF MOTOR VEHICLES, (DMV)
DEPARTMENT OF ADMINISTRATION stated that he researched HB
108 [enacted in 2000] and the numbers projected were
approximately $930 thousand annually.
Representative Stoltze replied, that's "a sobering
difference."
Mr. Bannock clarified that the figure in the larger fiscal
note combined both power and non-power boats. The fiscal
note for non-power boats is $333,000. In his opinion, the
formula used in the 2000 fiscal note was figured
incorrectly.
MARTHA MOORE, TRAUMA REGISTRY COORDINATOR, DEPARTMENT OF
HEALTH & SOCIAL SERVICES, stated the Department supports
eliminating the sunset clause in this bill. The Department
views the bill from a safety standpoint and the reduction in
number of annual boating deaths over the past four years is
significant. Boating safety efforts have helped
tremendously. Seven kids put on a life jacket and did not
drown because of the Kids Don't Float program,
Representative Stoltze referred to a letter from the Outdoor
Council (copy on file.)
Co-Chair Harris referred to Sec. 2,(i)(4) and asked whether
any sailboat of any length without auxiliary power would be
exempt. A discussion ensued with Ms. Sylvester.
Ms. Hargis said the intent of the CS was to remove paddle
boats, the non-motorized craft; anything under ten feet in
length was exempted from registration.
HB 93 was heard and HELD in Committee for further
consideration.
ADJOURNMENT
The meeting was adjourned at 2:26 PM.
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