HOUSE BILL NO. 108 "An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date." REPRESENTATIVE BILL HUDSON, SPONSOR testified in support of HB 108. He noted that he introduced the bill as the result of his personal experience with search and rescue and other activities as a coastguardsman for more than 20 years. Over the last three years there have been 75 recreational boating deaths. Alaska is the only state without a boating safety program. Alaska's fatality rate per capita is 10 times higher than the national average. House Bill 108 would establish a comprehensive recreational boating safety program in Alaska for the first time. The legislation would transfer the responsibilities and regulatory authority over recreational boat safety equipment from the Coast Guard to the State of Alaska. Additionally, the State would assume vessel registration that is currently being managed by the Coast Guard. The Coast Guard will continue to function on the coast. The Coast Guard will have joint enforcement responsibility wherever they are stationed. Representative Hudson noted that education and dockside safety would be a major element of the program. He emphasized that 75 percent of all the money goes into boating safety and education. He maintained that prevention through education does work. The legislation will assure that federal marine fuel taxes that Alaskans pay are redistributed to the state of Alaska. Passage of HB 108 will bring approximately $500 thousand dollars in federal marine fuel taxes and approximately $600 thousand dollars in program receipts to the state of Alaska each year. These dollars will allow the state to make a major push to educate the boating public about boating safety, thereby lowering the rate of accidents and death on Alaska's waterways. No new state dollars are needed for the program. The program will be paid by federal dollars and registration fees. It is user friendly. The Department of Motor Vehicles will conduct the registration process, utilizing their current systems (mail, on-line, and in person registration at any DMV office) In addition, new boat dealers will also be authorized to register boats at the point of sale for the convenience of the boating public. Representative Hudson noted that the Committee was provided with a proposed committee substitute, work draft 1-LS0445\U, dated 2/3/00. (Copy on file). Co-Chair Mulder MOVED to ADOPT the proposed committee substitute, work draft 1-LS0445\U, dated 2/3/00. There being NO OBJECTION, it was so ordered. MELINDA HOFSTAD, STAFF, REPRESENTATIVE HUDSON reviewed changes made by the committee substitute. She noted that a sunset clause would repeal the law if the state does not receive federal funding for a statewide boating program. Ms. Hofstad noted that training responsibility and education aspects and evaluation of the program are defined on page 8, lines 1 - 22. (TAPE CHANGE, HFC 00 - 25, SIDE 2) Ms. Hofstad observed that boats that are operated in the state for a period not exceeding 90 consecutive days that have a current, valid certificate of number issued by another state are exempted on page 10, line 5. The intent is to exempt previously registered boats that are brought to Alaska on a temporary basis from another state. Representative Hudson emphasized that every other state in the union has a boating registration program and these boats would have to comply to meet Coast Guard requirements in other states. Ms. Hofstad noted that there would be four boat owners on the Alaska Boating Safety Advisory Council: of these some would be powerboat owners and some would be non-power boat owners. Ms. Hofstad reviewed further changes made by the committee substitute. The Alaska Boating Safety Advisory Council would make recommendations to the Department of Education and Early Development. The Probable Cause standard was added for a police officer to board a vessel. Inconsistencies in the name of the Alaska Boating Safety Advisory Council were corrected. Representative J. Davies expressed concern with the sunset provision. He noted that the Director of the Division of Legislative Finance would provide notification to the revisor of statutes that the state has not received federal funding for the boating safety program. He suggested that the program could disappear without legislative knowledge. Co-Chair Mulder thought that the revisor of statutes would have the responsibility to inform the chairmen of the Legislative Council. Representative Hudson pointed out that the sunset provision would take effect 90-days after the date the director of the Legislative Finance Division notifies the revisor that in the previous state fiscal year the state did not receive federal funding. He thought that there would be ample notification and additional review by the legislature. Representative J. Davies pointed out that federal and state fiscal years differ. In response to a question by Representative Phillips, Ms. Hofstad explained that the Guppy Fleet is a group of sail boat and powerboat operators out of Whittier. The Guppy Fleet is in support of the legislation. MIKE FOLKERTS, CHAIR, ALASKA BOATING SAFETY ADVISORY COUNCIL, ANCHORAGE testified via teleconference in support of HB 108. He emphasized that HB 108 would provide federal funding and noted that the state is 10 to 20 times the national average for noncommercial boating fatalities. He maintained that the educational program would reduce fatalities. BARBARA SANDS, DISTRICT COMMANDER, COAST GUARD AUXILIARY, ANCHORAGE testified via teleconference in support of HB 108. She read from written comments: While the Auxiliary in Alaska continues to grow, not matter how hard we work to promote boating safety, It is not enough. Each year it seems the boating season starts with boating fatalities and accidents that could hays been prevented with some basic understanding of the importance of cold water survival and wearing a life jacket. Two critical issues will be addressed with the passage of this bill. One, additional funding will be available to the state for education programs and two, it makes it a law that there be some basic safety equipment on boats such as life jackets. You would be stunned at the number of people we have talked to when offering free vessel safety checks that state, "well we don't need that equipment", or "the law doesn't require it and nobody checks us anyway". With your help, HB 108 will bring more revenue to the State of Alaska to promote boating safety. This bill carries a positive fiscal note and returns to Alaskans federal fuel taxes that they already pay, and keeps our boating registration fees within Alaska. This revenue will go a long way towards helping expand boating safety education in Alaska. Cold Water Survival should be something that our children are taught at a young age as it is a way of life here. The cost of prevention is small compared to the cost to the State In emergency response, and to Alaskan's in lost income due to accidents or worse, the loss of a loved one. TIM KELAHAN, RESCUE COMPANY, FAIRBANKS testified via teleconference in support of HB 108. He emphasized that the funding for the education would assist in search and recovery efforts and reduce accidents. He maintained that when it is not required by law people decide it is cheaper or easier to go without (lifejackets). He noted that 60 percent of drownings across the nation are trained personnel that are attempting to rescue others. Education would decrease fatalities. LARRY DISBROW, ADVISORY BOARD, NORTHERN AREA STATE PARKS, FAIRBANKS testified via teleconference in support of HB 108. He noted that the Board passed a resolution in support of the legislation. He maintained that Alaska needs a boating safety bill. He emphasized the number of unsafe acts that he has viewed while boating. MARIE SCHOLLE, CHIAR, ALASKA ADVISORY COUNCIL ON SAFETY, FAIRBANKS testified via teleconference in support of HB 108. She emphasized that the legislation will not cost the state of Alaska and will save lives. She has performed vessel inspections with the Coast Guard Auxiliary and witnessed individuals with the attitude that "nothing is going to happen to me" and overloaded boats. Registration brings responsibility to the state and boaters. She emphasized education and the need for a presence in the interior where the Coast Guard is absent. BRAD SNOW, PRESIDENT FAIRBANKS PADDLERS, FAIRBANKS testified via teleconference in support of HB 108. Fairbanks Paddlers is a group of over 250 non-power boat owners. He maintained that boaters are willing to pay their fair share in order to assure safety. He emphasized that fees with federal assistance will pay for the program. Every state that has implemented a boaters safety program has seen a marked decrease in boater fatality. ALAN PARKS, COMMERCIAL FISHERMAN, HOMER testified via teleconference in support of HB 108. He noted that the commercial fishing program has gone through extensive training. He gave details of how training saved his life. JIM LAWYER, ASSESSOR, KENAI PENINSULA BOROUGH, KENAI testified via teleconference in support of HB 108. He noted that the Borough passed a resolution in support of the legislation. The Borough will be aided in their assessments by the registration provision within the legislation. He noted that many vessels do not display identification numbers. He reviewed provisions in the legislation that would assist in the Borough's record keeping. Records would be available to municipalities without charge. He concluded that the legislation provides adequate provision of registration, ownership and identification of the vessels located throughout the state of Alaska. Ownership information will be public record, research costs will be reduced and all boats within the Borough would be easy to identify, allowing the cost of services to be distributed equally. JERRY DZUGAN, DIRECTOR, ALASKA MARINE SAFETY EDUCATION ASSOCIATION (AMSEA), SITKA testified via teleconference in support of HB 108. He noted that AMSEA has created a community based marine safety instructors network in Alaska that trains over 7,000 people a year. He noted that Alaska has the highest fatality rate in the nation and is the only state without a boating safety program. He noted that although most people would train their children, adults are the ones that are responsible for the operation of boats. He stressed that training reduces fatalities and pointed to the reduction in commercial vessel fatalities. CLIFF JUDKINS, ALASKA BOATING ASSOCIATION, MATSU testified via teleconference in support of HB 108. He noted that the Association is the largest recreational boater user group in the state with over 12,000 members. He stressed the need for life jackets. PATRICK MEAD, CAPTIAN, UNIVERSITY FAIRBANKS FIRE DEPARTMENT, FAIRBANKS testified via teleconference in support of HB 108. He noted that the legislation would assist in search and rescue missions. He has been involved in safety education. He maintained that the legislation provides backbone to the instruction that can be given. ALISON CARTER, CHAIR, AD HOC COMMITTEE, FAIRBANKS PADDLERS, FAIRBANKS testified via teleconference in support of HB 108. There were very few people anxious to register their canoes and kayaks, but they are concerned with saving lives. They support the sunset provision that extinguishes the law if less than 75 percent of federal funds and the boating registration fees are used for boating safety and education programs. BRUCE CAMPBELL, FAIRBANKS, testified via teleconference voiced support of the bill. He stressed the importance of education in preventing fatalities. MARY MARSHBURN, DIRECTOR, DIVISION OF MOTOR VEHICLES, ANCHORAGE acknowledged that the Division has the largest fiscal note on the bill. The legislation would require registration of powered and non-powered paddleboats on all state waterways. The Division of Motor Vehicles estimated that there would be 175,000 boats to register. The Division of Motor Vehicles would be working with dealers and venders. The registration system must be compatible with the current one used for vehicles and titles and registration for snow machines. The fiscal note contains start up costs for the first two years of the bill and maintenance costs as indicated. She pointed out that the legislation would generate a positive fiscal note after the first half-year startup. CHUCK HOSACK, DEPUTY DIRECTOR, DIVISION OF MOTOR VEHICLES, ANCHORAGE provided information relating to HB 108.The fiscal note requests positions to work with registration and to set up dealers as agents. He noted that the state has 675,000 registered vehicles in the state. The legislation would add 175,000 boats that would be registered on a three-year cycle. Each year there would be 1/3 of these registrations in addition to current vehicle registrations. He acknowledged that the Division is the best place to do the registration. Current registration means can be utilized such as the Internet and phone system. The costs should offset work increases. Vice Chair Bunde noted that he supported the legislation. He commented that members of the public that judge the state budget based on gross numbers would not be pleased with the addition. (TAPE CHANGE, HFC 00-26, SIDE 1) Co-Chair Therriault agreed that the legislation would increase the agency's budget. In response to a question by Co-Chair Therriault, Mr. Hosac clarified that boating registration would be on the same system used for vehicle registration. This is available to law enforcement and government agencies at no charge. Assessors can obtain registration numbers for the boats and their owner names and addresses. The Division provides vehicle information at no charge to municipalities. REAR ADMIRAL THOMAS J. BARRETT, COMMANDER, 17TH COAST GUARD DISTRICT, UNITED STATES COAST GUARD, JUNEAU testified in support of HB 108. He stressed that there is a high likelihood that the program would be successful. He noted that deaths from boating fatalities occur all over the state. Alaska's fatality rate is 10 times the national average. The federal program has reduced fatalities by 50 percent. The number of recreational fatalities is twice the number of commercial fishing related deaths. He noted that deaths in this industry were reduced through training efforts. Under the federal boating safety legislation the minimum federal funding floor to the states is $59 million dollars a year, guarantied for five years. Congress funded the program at $79 million dollars in the past year. The federal government recognized that states could more effectively run the program, but is still committed to financial support, as is the Coast Guard. He stressed that the Coast Guard's efforts would not be reduced as the result of state programs. In response to a question by Co-Chair Therriault, Admiral Barrett noted that Alaska is in the second year of the five- year federal funding floor. In response to a question by Co-Chair Therriault, Ms. Hofstad noted that paddleboats would be registered in the same manner as other boats. They could register on-line, at the Division of Motor Vehicles, or at the point of purchase. Failure to register would be a violation, like a traffic ticket. Representative Hudson clarified that non-motorized boats under 10 feet in length would not have to register. He explained that this is consistent with federal law. In response to a question by Representative G. Davis, Co- Chair Therriault clarified that boats would not have to register if they are registered in another state and are used in the state for less than 90 consecutive days. Ms. Hofstad stated that the intent is to exempt boats from other states that come to Alaska. Representative G. Davis noted that the department can adopt regulations for training. He expressed concern that a test could be required for registration. Representative Hudson noted that it is not the intent to require training. Representative Phillips noted that the legislative revisor normally goes to the Legislative Council with recommendations. The Legislative Council does not generally go to the legislative revisor. Representative Phillips emphasized that there is an 82 percent fatality rate in Alaska, compared to a 6.4 percent fatality rate in the nation. Representative J. Davies spoke in support of the legislation. Co-Chair Therriault noted that there are three issues to be addressed: access to information, sunset trigger, and the 90-day exemption. HB 108 was heard and HELD in Committee for further consideration.