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, REPRESENTATIVE BRUCE WEYHRAUCH, testified that HB 93 was the reauthorization of the Boating Safety Act. She advised that the "form" of the bill was confusing. In 2000, HB 108, the Alaska Boating Safety Act, sponsored by Representative Bill Hudson was passed. She noted that HB 93 had been introduced at the request of the Coast Guard. Ms. Sylvester pointed out that the Act would eliminate the sunset provision. Additionally, if the steady funding does not come through, the program would be eliminated. The legislation guarantees that the funds are there and that the language, which would sunset the provision, would be eliminated. She noted that the bill had been amended in the House Transportation Committee. That Committee eliminated the most controversial provision, the requirement for non- powered boats to be registered. The Coast Guard is "comfortable" with that change as is Representative Weyhrauch. The State of Alaska would be missing out on about $39,000 dollars in registration fees that would be used to register non-powered boats, ten feet and over. Representative Stoltze asked if the bill would allow for someone from out of State to bring a truck full of kayaks into Alaska, creating a little summer industry. He thought that could cost the Coast Guard a lot of money. Ms. Sylvester replied that would be allowed if those boats did not have a motor and were less than ten feet long. Representative Joule asked if the umiaks from the northern Alaskan coastal communities would have to be registered. Co-Chair Harris asked if it was automatic that the Coast Guard requires registration for any commercially used boat. TAPE HFC 03 - 57, Side B  MIKE FOLKERTS, (TESTIFIED VIA TELECONFERENCE), RECREATIONAL BOATING SAFETY SPECIALIST, U.S. COAST GUARD, commented that the Coast Guard does support HB 93. The Coast Guard does carry on the Boating Safety Program under #131, Title 46, the United States Code. The goal is to encourage the states to assume the major role in providing the boater safety mission. Federal financial assistance to the state is provided through the boating safety account, Aquatic Resources Trust Fund, also known as the Wallop Trust Fund. Part of the eligibility requirement to receive the funding was achieved in HB 108. That bill was passed with a sunset clause that would allow the Legislature to revisit the law to assure that consistent and adequate funding was in place. HB 93 repeals that sunset allowing the law to become permanent. That action will help build a long-term program and reduce recreational boating fatalities. Mr. Folkerts reiterated that the Coast Guard does support HB 93 and will maintain their relationship with the State of Alaska. He added that under current law, if the boat is over ten feet long, registration is required; however, under federal law that is not true unless the craft is powered. Representative Stoltze inquired why the bill was not up for another sunset consideration. Mr. Folkerts responded that the benefit of the repeal would make the law permanent. He noted that there are a couple things within the law that need to be fixed and that once the law became permanent, then those concerns could be more inline with the federal requirements. He stressed that at this point, it is a "bare bones" law. If the law does sunset, the State could loose all their federal funding plus the registration money. The federal government, through Title 46, is required to transfer responsibility of the boating safety regulations to each state. Representative Stoltze interjected that Mr. Folkerts testimony made him uncomfortable with anything more than a sunset. Representative Stoltze indicated that he would like to maintain a certain amount of control over the program in order to guarantee that the State can "revisit" any problems. He reiterated that he would prefer another extension. Representative Croft asked if the bill would be held in Committee as he had concerns with the "non-motorized" issue. He stated that the non-motorized registration has been an overly burdensome requirement that frustrates people. Co-Chair Harris referenced the fiscal note by the Department of Administration, pointing out the one increased part time position. Ms. Sylvester countered that the note indicates a decrease, not an increase of one position. Representative Stoltze requested that the Coast Guard provide a breakdown of their rescue costs associated with both the non-motorized and motorized boats for the next scheduled meeting on the legislation. Mr. Folkerts responded that he would make that information available. Ms. Sylvester interjected that from evidence provided in other committee hearings, there is no justification to eliminate non-powered boats. She added that a person would be just as likely to drown on a non-powered boat as on a powered boat. The common risk factor is the "water". It would be a policy decision made by the State regarding whether to register the small "fun" crafts. Co-Chair Harris noted that his staff had indicated from information supplied by the Coast Guard, that 25% of all boating fatalities from 1991-2000 were in non-motorized craft. He stressed the significant impact on the Coast Guard rescue. Representative Stoltze mentioned that there is growing resentment within his constituency, paying for programs that they do not like. He recommended that there should be some type of equity issue, forcing people to look at the value of the program. MARK JOHNSON, CHIEF, COMMUNITY HEALTH AND EMERGENCY MEDICAL SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, noted that the Department of Health & Social Services supports the bill. He commented that the Department is particularly interested in seeing the deaths from drowning reduced. Prior to the legislation, there were approximately 29 drownings per year; since the legislation passed, that number has been reduced to approximately 16-21. Some of the money, which Alaska has become eligible for from the federal government, has been used in the Emergency Medical Services office in communities throughout the State for the "Kids Don't Float Program". Mr. Johnson concluded that boating safety is working statewide. Co-Chair Williams asked the Department's view on motorized versus non-motorized boats. Mr. Johnson acknowledged that some drownings have resulted in the non-motorized vehicles. He agreed it would be a judgment call for the Legislature to make. CHUCK HOSACK, (TESTIFIED VIA TELECONFERENCE), DEPUTY DIRECTOR, DIVISION OF MOTOR VEHICLES, DEPARTMENT OF ADMINISTRATION, pointed out that the Division has submitted a fiscal note indicating a decrease in the budget and a slight decrease in revenue in dropping the requirement to register non-motorized boats. He added that the part-time position should be indicated as a loss of one position. Mr. Hosack offered to answer questions regarding the program. Co-Chair Williams stated that the bill would be HELD in Committee for further consideration.