HB 301-BOATING REGULATION: SUNSET/ENFORCEMENT  1:53:43 PM VICE CHAIR PASKVAN announced consideration of HB 301 [CSHB 301(FIN), version 27-LS1152\M, was before the committee]. 1:53:48 PM ASTRID LIEVANO, staff to Representative Alan Austerman, introduced herself and said Representative Austerman was in a House Finance Committee meeting right now and sent his regrets. SENATOR DAVIS moved to bring SCS CSHB 301( ), version 27- LS1152\B, before the committee. VICE CHAIR PASKVAN objected for discussion purposes. MS. LIEVANO said the purpose of HB 301 was to repeal the sunset date of the Alaska Boating Safety Program. Without legislative action, the program would terminate on July 1, 2013. When the program was established in the 21st Legislature, it cautiously added two sunset clauses; one repealed the Boating Safety Program by date and the second repealed it in case the federal funds didn't come through. Since the program was established, the legislature has acted three times to extend it. It has now been in effect for 12 years and thanks to the "Kids Don't Float" a loaner life jacket program, at least 22 children have survived a water emergency. MS. LIEVANO explained that federal financial assistance is provided through the "Boating Safety Account for the Aquatic Resource Trust Fund," also known as the "Sport Fish Restoration and Boating Trust Fund." Alaska met the eligibility requirements to receive the funds in the year 2000 with the passage of HB 108, the Alaska Boating Safety Act. She said that sections 1 and 2 of the bill were added by the House and the wording is related to the federal government not being able to enforce or exercise enforcement in state waterways. This wording already exists in statute, and it was the will of the Finance Committee to put it in this section. Section 3 is the meat of the bill and has the sunset repealer requirements. Section 4 is the effective date of section 2 and section 5 is the effective date of section 3. 1:56:48 PM MS. LIEVANO explained that the CS broadens a statutory reference in sections 1 and 2 of the bill that was too narrowly written according to the Attorney General's Office. She said a representative from that office was on line to speak to it. VICE CHAIR PASKVAN added that sections 1 and 2 were substantive additions that went beyond the sponsor's intent and weren't connected to the sunset provisions. MS. LIEVANO said that was correct. 1:58:06 PM JANE SCHULTZ, Kenai Peninsula Emergency Services, Kenai, said she had attended the Boating Safety class and that it is excellent. It's provided free of charge and goes all over the state. In her job she gets many calls asking where this information can be obtained, and she directs them to the Office of Boating Safety. It has kids' books that they are willing to share and videos on boating safety. They provide a pre-departure check list and a float plan for people and encouragement to use it. Their posters are all over the state providing information on boating safety. One is called the "Choose LIFE Poster." "LIFE" stands for "use your Life jacket, Inspect your boat, File a Float plan and get continuing Education." It is a very worthwhile program. 2:00:12 PM MS. SCHULTZ said the "Kids Don't Float program" is a tremendous life saver. She didn't see any need for the sunset clause and encouraged passage of HB 301. VICE CHAIR PASKVAN asked the assistant attorney general to walk them through the department's legal concerns. 2:01:31 PM JOHN BAKER, Assistant Attorney General, Civil Division, Natural Resources Section, Department of Law (DOL), said Ms. Lievano accurately summarized the history of the program. He explained that most of the past amendments (mostly extending the sunset) had been directed at the conditional sunset date and were required to be achieved by special session laws rather than through amendments to the permanent statute. That may have led to some confusion in the process of an amendment that came out from the House Finance Committee CS. He said the only concern DOL had was with two very narrow provisions in sections 1 and 2 that have brief references to AS 12.25, the citation authority. For reasons not entirely clear, the House Finance CS would substitute only one section of that law for the original version in statute, which would make all of AS 12.25 applicable to citations issued by officers enforcing the Boating Safety Program. The complication in that provision is that it would lead to other sections in AS 12.25 being exempted from citations under the program - for instance, uniform citation format, notice requirements for citations that are issued, whether the normal bail forfeiture schedule would apply to citations and disposition of records if an individual were cited. It raises questions as to whether any of those provisions would apply, and they apparently would not. It's their working assumption that the change was an error. MR. BAKER said he consulted with Assistant Attorney General Annie Carpenetti in the Criminal Division, and she concurred that it would be problematic to change the format and have only one section of that statute apply to citations. That was their only objection to the House Finance CS. He said they had no objection to the substantive amendment in sections 1 and 2, which clarifies that federal officials wouldn't be able to enforce the act. VICE CHAIR PASKVAN asked if the Attorney General's Office favors section 1 as currently written. MR. BAKER replied yes. The recommendation would be the current language in sections 1 and 2 that refers to "peace officer may issue a citation as provided in AS 12.25.175 through AS 12.25.230" and then repeat that language again in section 2. 2:06:23 PM VICE CHAIR PASKVAN asked if the problem was in the current version. MR. BAKER answered that version B had the correct language. SENATOR DAVIS asked if he was okay with section 3 in version B, also. MR. BAKER answered yes. VICE CHAIR PASKVAN closed public testimony and said he would hold HB 301 in committee.