03/25/2004 01:45 PM Senate TRA
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LALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
March 25, 2004
1:45 p.m.
TAPE(S) 04-13
MEMBERS PRESENT
Senator John Cowdery, Co-Chair
Senator Thomas Wagoner, Co-Chair
Senator Gene Therriault
Senator Donny Olson
MEMBERS ABSENT
Senator Georgianna Lincoln
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 93(FIN)
"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."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 93
SHORT TITLE: BOATING SAFETY,REGISTRATION, NUMBERING
SPONSOR(s): REPRESENTATIVE(s) WEYHRAUCH
02/12/03 (H) READ THE FIRST TIME - REFERRALS
02/12/03 (H) TRA, STA
02/18/03 (H) TRA AT 1:30 PM CAPITOL 17
02/18/03 (H) -- Meeting Canceled --
02/25/03 (H) TRA AT 1:30 PM CAPITOL 17
02/25/03 (H) Heard & Held
02/25/03 (H) MINUTE(TRA)
03/27/03 (H) TRA AT 1:30 PM CAPITOL 17
03/27/03 (H) Scheduled But Not Heard
04/01/03 (H) TRA AT 1:30 PM CAPITOL 17
04/01/03 (H) Moved CSHB 93(TRA) Out of Committee
04/01/03 (H) MINUTE(TRA)
04/02/03 (H) TRA RPT CS(TRA) NT 1DP 2DNP 2NR
04/02/03 (H) DP: HOLM; DNP: KOHRING, MASEK;
04/02/03 (H) NR: OGG, FATE
04/03/03 (H) STA AT 8:00 AM CAPITOL 102
04/03/03 (H) Heard & Held
04/03/03 (H) MINUTE(STA)
04/08/03 (H) STA AT 8:00 AM CAPITOL 102
04/08/03 (H) Moved CSHB 93(TRA) Out of Committee
04/08/03 (H) MINUTE(STA)
04/09/03 (H) STA RPT CS(TRA) NT 6DP
04/09/03 (H) DP: SEATON, GRUENBERG, HOLM, LYNN,
04/09/03 (H) DAHLSTROM, WEYHRAUCH
04/09/03 (H) FIN REFERRAL ADDED BEFORE RLS
04/14/03 (H) FIN AT 1:30 PM HOUSE FINANCE 519
04/14/03 (H) Heard & Held
04/14/03 (H) MINUTE(FIN)
01/22/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/22/04 (H) Heard & Held
01/22/04 (H) MINUTE(FIN)
01/29/04 (H) FIN AT 1:30 PM HOUSE FINANCE 519
01/29/04 (H) Moved CSHB 93(FIN) Out of Committee
01/29/04 (H) MINUTE(FIN)
02/02/04 (H) FIN RPT CS(FIN) NT 4DP 6NR
02/02/04 (H) DP: MEYER, FATE, FOSTER, WILLIAMS;
02/02/04 (H) NR: HAWKER, STOLTZE, JOULE, CROFT,
02/02/04 (H) CHENAULT, HARRIS
02/04/04 (H) TRANSMITTED TO (S)
02/04/04 (H) VERSION: CSHB 93(FIN)
02/06/04 (S) READ THE FIRST TIME - REFERRALS
02/06/04 (S) TRA, STA, FIN
03/25/04 (S) TRA AT 1:30 PM CAPITOL 17
WITNESS REGISTER
REPRESENTATIVE BRUCE WEYHRAUCH
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of HB 93.
MS. LINDA SYLVESTER
Staff to Representative Weyhrauch
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Answered questions pertaining to HB 93.
COMMANDER MIKE KENDALL
Chief of Search & Rescue Branch
th
17 Coast Guard District
United States Coast Guard (USCG)
Juneau, Alaska
POSITION STATEMENT: Supports HB 93.
MS. SUE HARGIS
Boating Safety Specialist
United States Coast Guard (USCG)
Juneau, Alaska
POSITION STATEMENT: Supports HB 93.
MR. JEFF JOHNSON
Boating Law Administrator
Division of Parks & Outdoor Recreation
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Available to answer questions on HB 93.
MS. MARTHA MOORE
Division of Public Health
Department of Health & Social Services (DHSS)
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Supports HB 93.
ACTION NARRATIVE
TAPE 04-13, SIDE A
CO-CHAIR JOHN COWDERY called the Senate Transportation Standing
Committee meeting to order at 1:45 p.m. Present at the call to
order were Senators Therriault, Olson, and Co-Chair Cowdery.
Co-Chair Wagoner arrived while the meeting was in progress, and
Senator Lincoln was excused. Also present was Representative
Weyhrauch.
HB 93 - BOATING SAFETY, REGISTRATION, NUMBERING
The committee took up HB 93.
REPRESENTATIVE BRUCE WEYHRAUCH, sponsor of HB 93, testified that
the original bill passed in 2000 and had sunset dates that would
take effect this year unless extended. This effort captures the
federal marine highway funds, has a positive fiscal impact to
the state, and more importantly was implemented in attempts to
save lives in Alaska through the Kids Don't Float program,
educating the public about the benefits of boating safety, and
putting the regulatory registration scheme under state rather
than federal authority. Concerns were raised by different
entities in the House concerning registering one kind of vessel
as opposed to another. Through the [House Finance Committee], a
sunset date was added to address whether those concerns would be
perceived as problems in the future.
CO-CHAIR COWDERY informed members that Amendment 1 was from the
[Alaska] Outdoor Council, and Amendment 2 was from Senator
Olson.
SENATOR THERRIAULT recalled that HB 108 had passed and there had
been talk about repealer or sunset clauses if federal funds
weren't forthcoming; he asked if those funds had been
forthcoming.
REPRESENTATIVE WEYHRAUCH said he understood that yes, federal
funds have been forthcoming. He reported that when HB 93 was
introduced, it had been demonstrated to save lives and so the
continuation of the program in the state is important. Also,
this provided for an important educational effort - under state
rather than the federal jurisdiction - and if the state
discontinues this, the federal government will do something less
desirable. Lastly, HB 93 provides the mechanism to receive
federal funds.
SENATOR THERRIAULT read from the sectional analysis, "The
provisions found in sections 3, 5, ... are minimal boating
safety provisions that not only fall short of the federal
guidelines ..." and asked if those sections pertained to the
previous legislation.
REPRESENTATIVE WEYHRAUCH replied this was correct.
SENATOR DONNY OLSON asked about floatplanes.
REPRESENTATIVE WEYHRAUCH responded this wasn't considered to be
a boat.
SENATOR OLSON asked if there was a distinction between internal
combustion engines on motorized watercrafts as opposed to
electric motors - such as a smaller two-horse - and asked if
these were also covered under this legislation.
REPRESENTATIVE WEYHRAUCH said he wasn't sure but suggested this
pertained to motor fuel and fuel tax; he maintained that the
[U.S. Coast Guard] "Coast Guard" was available to address the
question.
LINDA SYLVESTER, Staff to Representative Weyhrauch, told members
that "[mechanical] propulsion" is delineated.
SENATOR OLSON asked if any exemptions were involved for crafts,
electric or not, and whether or not a fuel tax is paid.
REPRESENTATIVE WEYHRAUCH said with the definition of
[mechanical] propulsion, an electric motor would be in the same
category as a gas motor.
SENATOR OLSON mentioned that recreational vehicles, such as
mini-subs, are gaining in popularity throughout Alaska, and
asked if these were exempt.
REPRESENTATIVE WEYHRAUCH mentioned that he saw one in Auke Bay
with a sticker on it; he deferred to the Coast Guard.
MS. SUE HARGIS, a boating safety specialist with the United
States Coast Guard (USCG), responded that "[mechanical]
propulsion" indicates that any kind of machinery propulsion -
whether it's electric or gas or any kind of fuel, would not be
exempt. If a boat is equipped with machinery propulsion, even if
the engine isn't functioning, then registration is required.
Underwater subs are boats. Floatplanes, when not operated on
the water, are considered as aircrafts, and are regulated by the
FAA.
COMMANDER MIKE KENDALL, Chief of the Search and Rescue Branch
th
for the 17 Coast Guard District in Alaska, read the following
testimony:
When the Alaska Boating Safety Act was signed
into law in May 2000, Alaska became the last state to
establish a boating safety program joining us as an
ally in the effort to address Alaska's high boating
fatality rate. A sunset provision was included to
address concerns about the continuity of federal
funding, since the Wallop-Breaux trust fund was up for
re-authorization at that time. Federal funding has
been re-authorized, and legislation currently before
Congress will actually increase funding to the states
for boating safety, due to a shift in the Wallop-
Breaux distribution formula.
Just as important as secure funding, is that the
establishment of a state boating safety program in
Alaska has brought an increased focus and awareness of
boating safety, and has saved lives of Alaskans. The
Alaska Boating Safety Program supports valuable
programs such as Kids Don't Float, which is a clear
winner. The Kids Don't Float program has saved the
lives of at least nine children since the start of the
program, and just reached the level of 387 lifejacket
loaner sites in more than 140 communities throughout
the state. This program started in Alaska, and is now
a model for other states. Particularly important is
that sites are located in virtually every region of
the state, and predominate in areas such as inland
lakes and rivers where there is no Coast Guard
presence.
Many more Alaskans have received boating safety
education, due to the increased partnership of the
Alaska Boating Safety Program, the Coast Guard
Auxiliary, and the Alaska Marine Safety Education
Association (AMSEA). Education efforts have reached
more than 40,000 students, primarily children, since
state efforts began. The Alaska Boating Safety
Program alone has reached nearly 12,000 of these
students. In comparison, the Coast Guard Auxiliary
was able to reach only 3,000 students in the same
period. Innovative programs include a peer education
program, where rangers and other educators train high
school students to teach elementary school students.
This means that 15 to 17 year-old 'high risk' boaters
must internalize safety messages, and be role models
in order to teach younger children.
Some people have asked, 'Why would the state of
Alaska do this mission, since we have the Coast Guard
in Alaska? Isn't this really the Coast Guard's
mission?' Let me answer that. In 1971, Congress
transferred responsibility for the boating safety
mission from the Coast Guard to the states, due to the
fact that boating safety is much better regulated at
the state level. A 'one-size-fits-all' federal
approach doesn't fit boating safety very well, due to
vast differences in ways and reasons that people use
boats, as well as extremes of operating environments
around the nation.
1:58 p.m.
At that time, the Coast Guard's involvement in
boating safety became primarily one of response,
through search and rescue. This doesn't benefit most
Alaskans, since many boating accidents occur on
interior rivers and lakes, or in areas without a Coast
Guard presence. Although we are fully committed to
partnering with the state in boating safety efforts,
we need Alaska's continued involvement to be able to
have a significant impact on Alaska's high rate of
boating fatalities.
Since passage of Alaska's Boating Safety Act,
events have dramatically changed the course of our
nation. The Coast Guard has been given new tasking
that has significantly reduced our ability to engage
in non-essential missions. Here in Alaska, we are
fully engaged in escorting cruise ships, maintaining
the security of our harbors and waterways, including
the Alaska Pipeline terminal in Valdez.
Missions such as boating safety, that we tried to
pursue in the absence of a state program, simply can't
compete with maintaining the security of our state and
nation. Our commitment to making our nation's
waterways more safe and secure means that we really
need the State of Alaska to fulfill its responsibility
to boaters in our great state. By continuing a proven
program that educates boaters on ways to be safer and
more circumspect on the water, the State of Alaska is
helping the Coast Guard free up more of our resources
to address homeland security issues.
We still have a lot of work to do together to
make boating a safer activity in Alaska. Please join
us in continuing this effort by re-authorizing
Alaska's Boating Safety Program.
CO-CHAIR WAGONER asked if life preservers from the Kids Don't
Float program were taken from the harbors without being
returned.
COMMANDER KENDALL responded no, that the program is well
respected by communities throughout the state. He added that
the program benefits more than children, as there are now adult
lifejackets being used by adults.
SENATOR OLSON asked how long ago [Alaska's Boating Safety]
Program was instituted.
MS. HARGIS responded that the program was first passed to the
states in 1958; however there was no funding mechanism, so in
1971 Alaska put forth, "If you're going to have us do this
program, give us money for it." Congress passed the Federal Safe
Boating Act in 1971, which provided a funding mechanism for the
states. By 1986, with the adoption of New Hampshire's program,
Alaska was the one outstanding state without a program until
2000.
SENATOR OLSON asked how many states not situated on the
coastline are affected by this program.
MS. HARGIS responded that every state in the nation has a
boating safety program, including Wyoming, Colorado.
SENATOR OLSON identified one obstacle as being the
impracticality of registration, with decals and adhesive needing
to be attached to certain types of watercraft [vessels].
MS. HARGIS validated this as a common problem in certain areas
because, in addition to umiaks, decals are difficult for rubber
boats like Zodiacs. The issue of registering boats is not about
whether the decals are adhering, but about identifying boats for
search and rescue if necessary. If a boat is lost or stolen or
there is an emergency, that boat can be identified. If decals
don't stick, people have put the decal and numbers on a piece of
plexiglass and wire-tied it to the forward half of the boat.
She reiterated that registration is about the safety aspect of
identifying boats.
SENATOR OLSON contended this was impractical for some of the
more traditional boats.
CO-CHAIR COWDERY referred to Amendment 1, and indicated that he
would entertain a motion.
SENATOR THERRIAULT moved Amendment 1 for the purpose of
discussion [which reads as follows]:
23-LS0230\S.2
Luckhaupt
12/7/04
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"
CO-CHAIR COWDERY, noting there was no objection, asked for
further explanation, acknowledging that there was no one from
the [Outdoor] Council at the meeting.
SENATOR THERRIAULT referred to Amendment 1 and mentioned that
this would exclude whitewater kayaks; he questioned if these
were already excluded because of the requirement for mechanical
propulsion.
MS. HARGIS explained that the amendment from Finance had
exempted all non-motorized boats from registration. Alaska
chose, when the original bill was passed, to include all boats
not equipped with machinery propulsion. This amendment would
take out the section that excludes non-motorized boats and read
[page 2, line 12]: "a boat that is not equipped with mechanical
propulsion operated on the freshwater lakes and inland waterways
of the state that is under 17 feet in length and ... ". This
exempts non-motorized boats that are operated anywhere inland -
on fresh waters and lakes - and requires any boat on saltwater
(such as a sea kayak) to register.
SENATOR THERRIAULT asked for the bill sponsor's opinion.
REPRESENTATIVE WEYHRAUCH responded that he thought this to be a
policy issue for the Coast Guard and the U.S. Coast Guard
Auxiliary to assess. He said he desired the continuance of the
[Alaska Boating Safety Act] so the state would continue to
receive funds, coverage would continue, and the safety aspects
of the bill would continue. He stated he was neutral and would
defer to the Coast Guard regarding whether the amendment dilutes
the bill.
CO-CHAIR COWDERY informed members that it was not his intent to
move HB 93 today.
MS. HARGIS indicated this was consistent with the Coast Guard's
requirement that there be no conflict with federal requirements;
the Coast Guard requires registration of every boat in the state
equipped with [mechanical] propulsion. This amendment was
proposed to address some of the controversy pertaining to
paddlers and non-paddlers. The program is much too important to
lose, so if this helps to diffuse that controversy and keep the
program going - and this refers to non-motorized boats paying
$10 for a three-year period - "we don't want to see the program
sink, so to speak, because of that."
SENATOR THERRIAULT asked if the previous battle of "who has to
pay for the cost and are they going to spread the cost" is
reflected by this amendment bringing some non-motorized boats
back into the pool of helping to pay for the cost.
MS. HARGIS confirmed this was correct.
REPRESENTATIVE WEYHRAUCH said there was also the aspect of
dealing with people with smaller boats in the Interior who
didn't like the idea of having to register them all.
SENATOR OLSON said Alaskans don't want to cultivate the
mentality of having to register everything or having "big
brother looking over us all the time" and that people have been
operating boats in one form or another for some time and now
there is somebody from the outside saying, "Unless you have a
number on the side of your boat, I don't care whether it was
there last week, it's not there now, and we're going to assess
you a penalty." He asked what the penalties are, if the
amendment is adopted.
MS. HARGIS responded that there is no penalty for adopting the
amendment, and that the law for registering boats is not a new
regulation, but was part of the 1958 act.
SENATOR OLSON asked if the state's benefit from federal funding
was about $350,000 per year.
MS. HARGIS replied it was currently $450,000.
SENATOR OLSON asked if this amendment would influence that
amount, and received confirmation this was so. He then asked
about including fresh water and salt water.
MS. HARGIS responded that her understanding of the fiscal notes
was that if all non-motorized boats were eliminated from the
bill, there would be a cost differential to the state of about
$35,000. Splitting that in half, the state would make about
$17,000 with this amendment, whereas if all paddlers were in, it
might be $35,000.
SENATOR OLSON said his question pertained more to federal
funding.
MS. HARGIS said there would be no change because the way the
state chose to do this particular amendment, non-motorized boats
don't have to display numbers in the same manner because of the
similar issue of "trying to get it on their boat"; the state
doesn't actually receive federal funding for the paddlers.
CO-CHAIR COWDERY re-iterated that the bill wouldn't be moving
out of committee today and invited Senator Olson to explain his
amendment to those present.
SENATOR OLSON moved Amendment 2 [which reads as follows]:
23-LS0230\S.1
Luckhaupt
12/7/04
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 THERRIAULT objected for purposes of explanation.
SENATOR OLSON explained that in looking at how things have been
done in the last years, decades, and centuries, regarding
traditional transportation in Bush Alaska, having to comply with
putting on some type of registration is encumbering, and "I
don't think they should be encumbered." From a practical
standpoint of having to put decals on [boats], "the last time I
was in Diomede where there are skin boats, nobody had access to
decals with adhesive out there." He suggested that even if
decals were available, it would be against boating safety to put
wires through the skin of a watercraft to hang a decal. "I see
the element of practicality being done away with by people who
are sitting in some office holding onto the purse strings of
almost half a million dollars, and I've got a problem with
that."
REPRESENTATIVE WEYHRAUCH said as an aside, if the amendment
passes, it would be interesting because it would be the only
bill ever in the Legislature with "umiak" in the content of the
bill. He asked if the difficulty was with the decal itself or
with attaching it. He asked if umiaks were made of walrus hide.
SENATOR OLSON replied that most were but that some of the
traditional kayaks were made of sealskin.
REPRESENTATIVE WEHYRAUCH suggested perhaps using the definition
of an animal skin umiak.
SENATOR OLSON repeated that it doesn't make sense to poke holes
in the skin of a boat.
MS. HARGIS clarified that the holes are not put into the hull of
the boat, but are usually tied around the seats. Also, she
stated that this pertains to boats equipped with machinery
propulsion, as those can get far enough offshore to get into
trouble, and may possibly need to be rescued. "We do spend time
every couple of years, going out and rescuing people that are in
those umiaks that are out there walrus-hunting or whale-
hunting." She said money has been spent on those rescues, and
while there is no guarantee, the rationale for registration is
to assist in saving people's lives by being able to find them.
SENATOR OLSON said with all due respect, he's been on searches
as well, and seeing those decals would be yet another
difficulty.
MR. JEFF JOHNSON, the Boating Law Administrator with the state,
testified from Anchorage that he was available to answer
questions.
SENATOR OLSON asked if Mr. Johnson would have the effects to the
fiscal note related to Amendment 1, if it passed.
MR. JOHNSON referred to DMV for that information.
MARTHA MOORE, Trauma Registry Coordinator with the Division of
Public Health, Department of Health and Social Services (DHSS),
testified on behalf of DHSS in support of HB 93, and provided
the following testimony:
Alaska has had the highest drowning rates in the
country for many years. In the 20 years prior to
1999, the state's drowning rate averaged five and a
half times the national average. Over half of those
deaths occurred to non-commercial boaters. But we
finally started to turn the corner on these really bad
statistics and in the last five years the rate has
dropped dramatically.
From 1998 to 2000 the number of boating deaths went
from 38 to 16. Before the Boating Safety Office was
established in 1998, Alaska averaged 29 drowning
deaths per year. Since then we've averaged 21 deaths
per year. Eight lives saved per year is a very
significant number for a state of our low population,
and represents a much greater cost savings when you
consider preventing the loss of the head of a family,
a breadwinner, a productive member of society.
The Boating Safety Act is scheduled to sunset and this
bill proposes to extend that sunset date to July,
2010, so that Alaska would continue to be eligible for
about $450,000 per year in federal boating safety
funds, and through that money, continue the support of
some very successful boating safety programs such as
Kids Don't Float and boater safety education. The
department feels that this bill is a good deal for
Alaska both financially and in making Alaska safer for
boaters and supports passage of this bill.
SENATOR OLSON referred to the comment of comparing 1979 and
1999, and between 1998 and 2000, stating that certainly any
boating fatality is a tragedy, and asked, "How do we know that
this has been attributed to the program that's in question?
Even more significantly, how does registering a boat allow less
fatalities?"
MS. MOORE responded that the point wasn't necessarily the
registration of boats - as people have been doing this for a
number of decades - but the critical issue is the establishment
of the Boating Safety Office and the [Alaska Boating Safety
Act]. She said there is no way to guarantee cause and effect at
work here, but she studies injury and statistics, and it does
seem convincing. There are documented saves directly related to
the Kids Don't Float Program.
CO-CHAIR COWDERY asked if she had any problem with the two
amendments.
MS. MOORE responded that she did not.
There being no further business to come before the committee,
CO-CHAIR COWDERY adjourned the meeting at 2:25 p.m.
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