SENATE COMMITTEE SUBSTITUTE FOR COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 108(RES) "An Act relating to the use, operation, and regulation of boats; establishing a uniform state waterway marking system; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. REPRESENTATIVE BILL HUDSON, sponsor of the bill, testified that this bill establishes a comprehensive recreational boating safety program. He stressed that Alaska is the only state that does not have such a program. He stated the bill transfers vessel registration from the US Coast Guard (USCG) to the Division of Motor Vehicles (DMV) and would allow people to register their boat at any DMV office, through the Internet, by mail or through the dealer where they purchase the vessel. Representative Hudson continued that the regulatory authority for boat safety equipment required by federal, and in some cases, state statutes, would be transferred from the USCG to the State Of Alaska. He said the bill specifies the required safety equipment for boats by class, including fire extinguishers for powered boats, ventilation for those boats with enclosed engines, lights for night cruising, a sound producing device, and most important, life preservers for each person aboard. He added that the bill stipulates that life preservers must be worn by every child age 13 and under on an open boat. Representative Hudson stated that this bill combines the lifesaving forces of the USCG with new life saving forces of the state. He added that the bill would expand boat safety education into the schools, on the docks and continue the work of the Coast Guard auxiliary. He assured that the work of the USCG would not diminish, but would allow a safety program to be implemented. Representative Hudson stressed that no new state funds would be required for this legislation noting that federal funds and registration fees collected by the DMV would pay the program. Representative Hudson shared that the approximately $600,000 of federal marine fuel taxes Alaskans pay, leave the state and goes to other states that already have a boating safety education program. Under this legislation, he asserted this money would stay in the state and become the education fund that would be used to purchase life jackets and to provide boater safety education. Representative Hudson reiterated that the emphasis of this bill is education by Alaskans in area-appropriate manners. He gave the Kids Don't Float, loaner life jackets program, as an example of locally conducted programs. Representative Hudson told the Committee that Alaska suffers ten times the national average of marine recreational deaths. In the previous three years, he stated that 75 adults and children died of these causes. He attested that most other states that have inducted boater safety programs have reduced boater fatalities by one-half. He believed that with a longer coastline, more lakes and rivers than any other state, Alaskans should want to prepare its children and citizens with the best knowledge and equipment to help save their lives. By working with the USCG, Representative Hudson said volunteers would conduct courtesy vessel examinations for new boat owners and also halt reckless operations that pose a hazard to others. Representative Hudson addressed the vessel registration surmising that having a uniform system would aid in search and rescue operations. He noted that abandoned boats could be traced back to its owners and subsequent information could be gathered about the number and abilities of anyone who had been aboard that vessel. Representative Hudson shared that he spent many years in the USCG performing search and rescue operations. Representative Hudson assured that the intent of the bill is not to police boating activities but to rather educate boaters. He stated that 75 percent of the funds returned to the state from the USCG would be used for education. JOE MCCULLOUGH testified via teleconference from Homer in support of the bill saying there was no doubt in his mind that this bill would save lives and would facilitate a smarter user group. ALAN PARKS, Commercial Fisher, testified via teleconference from Homer about how the education he received from the Commercial Fishing Safety Act saved his life during a boating accident. NOELLE MCCULLOUGH testified via teleconference from Homer saying that the children of the state would benefit from the kinds of water safety training this bill would provide. MAKO HAGGERTY, Chair, Katchemak Bay State Parks Citizen's Advisory Board, testified via teleconference from Homer that the board passed a resolution supporting this bill. CRAIG FOREST, lifelong Alaskan testified via teleconference from Homer representing the USCG Auxiliary and himself told about his own and his family's extensive boating experiences. He said the bill would accomplish two important things, receiving funding for education programs and instituting safety equipment and practices into law. MARIE SCHOLLE, Chair, Governor's Advisory Council on Safety, Representative, American Society of Safety Engineers, and 32-year Alaska resident, testified via teleconference from Fairbanks in support of the bill. She emphasized that this bill would provide the necessary funds to provide boater education to rural sites. MIKE FOLKERT, Chair, Alaska Boating Safety Advisory Council testified via teleconference from Anchorage in favor of the bill and about the lives that would be saved by comprehensive boater safety education. Co-Chair Torgerson listed others available via teleconference to answer questions. Amendment #1: This amendment inserts a new section in the committee substitute as follows. Page 7, following line 25 Insert: Sec. 05.25.052. Uniform state waterway marking system. The department shall develop and adopt regulations establishing a uniform state waterway marking system for the placement of regulatory markers. The regulations must be compatible with the system of aids to navigation prescribed by the United States Coast Guard. This amendment also makes conforming changes elsewhere in the committee substitute as appropriate. Co-Chair Parnell moved for adoption and explained the Uniform State Waterways Marking System is a system of marking waterways with navigation aids and includes such markers as the familiar red and green buoys. He assured that inclusion of this provision in the bill does not require Alaska to implement waterway markers, but rather indicates that if the state deems navigational markers necessary on a particular waterway, the uniform systems can be utilized. He noted that the chair of the Senate Resources Committee is in agreement to this amendment and that this provision was inadvertently removed from the bill by the Senate Resources committee substitute. There was no objection and the amendment was ADOPTED. Senator Wilken asked how the requirement for children to wear a personal floatation device (PFD) was established at age 13. Representative Hudson replied the age is set in current state law. Senator Wilken commented that he thought 13 years is too old to require PFDs to be worn. He verified that changing this would not hamper federal funding. Senator Wilken asked if the bill contains a requirement for boat owners to carry insurance. Representative Hudson answered there is no such provision. Senator Wilken next asked if the Department of Public Safety is the only agency that is authorized to enforce the laws proposed in bill. Tape: SFC - 00 #100, Side B 10:40 PM Representative Hudson responded that the Department of Public Safety could grant enforcement authority to park rangers at the Department of Natural Resources. Senator Wilken referred to the fiscal note and said he was surprised that no impact is indicated for the Division of Fish and Wildlife Protection. MELINDA HOFSTAD, staff to Representative Hudson replied that she had talked to a representative of the division to verify that there would in fact be no increased costs with this legislation. Senator Wilken commented that he was raised on a lake outside Fairbanks and had yet to see a death occurring in the area. While he thought this bill is necessary for saltwater areas, but not appropriate for those areas where boaters can never leave sight of shore. He appreciated and agreed with the sponsor's intent, but thought it was not in the best interest of those in the district he represents. He asserted that the bill is "too much government." He stated that he would not object to moving the bill from Committee, but he would vote against its passage from the Senate. Representative Hudson advised that one-third of all drowning deaths in Alaska occur on freshwater. Senator Leman asked about the safety equipment required for open vessels, such as skiffs. Representative Hudson replied that if a boat has a motor, a fire extinguisher is required. He clarified that the safety equipment requirements are established and enforced by the USCG and are in effect whether this bill passes or not. He added that the USCG and state statute also requires a light that can be displayed when operating at night. Senator Leman commented that he requires all passengers in his boat to actually wear a PFD. He noted the bill requires an additional PFD that can be thrown and asked for a definition. Representative Hudson answered that a PFD device that can be thrown, either a ring or a floatation cushion is required in federal law. Senator Leman shared that the reason he questioned the requirement is because many smaller vessels have very limited space to carry items. Representative Hudson responded that the safety gear could be accommodated if the boat is loaded correctly. He attested to the lifesaving benefits of a throwable PFD. Senator Phillips offered a motion to report from Committee, SCS CS HB 108 (RES) as amended. [NOTE: The sound system was inadvertently disconnected and the remainder of the meeting was not recorded. No action was taken on the bills heard.]