ALASKA STATE LEGISLATURE  SENATE RESOURCES STANDING COMMITTEE  February 2, 2022 3:35 p.m. MEMBERS PRESENT Senator Joshua Revak, Chair Senator Peter Micciche, Vice Chair Senator Click Bishop Senator Gary Stevens Senator Jesse Kiehl Senator Scott Kawasaki MEMBERS ABSENT  Senator Natasha von Imhof COMMITTEE CALENDAR  SENATE BILL NO. 148 "An Act relating to mandatory boating safety education; relating to operating a boat; providing for an effective date by repealing the effective dates of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, sec. 3, ch. 119, SLA 2003, sec. 2, ch. 31, SLA 2012, and secs. 5 and 8, ch. 111, SLA 2018; and providing for an effective date." - HEARD & HELD PREVIOUS COMMITTEE ACTION  BILL: SB 148 SHORT TITLE: BOATING SAFETY EDUCATION REQUIREMENT SPONSOR(s): SENATOR(s) HOLLAND 01/18/22 (S) PREFILE RELEASED 1/7/22 01/18/22 (S) READ THE FIRST TIME - REFERRALS 01/18/22 (S) RES, FIN 02/02/22 (S) RES AT 3:30 PM BUTROVICH 205 WITNESS REGISTER SENATOR ROGER HOLLAND Alaska State Legislature Anchorage, Alaska POSITION STATEMENT: Sponsor of SB 148. JOE MCCULLOUGH, Boating Law Administrator Office of Boating Safety Division of Parks and Outdoor Recreation Department of Natural Resources Anchorage, Alaska POSITION STATEMENT: Discussed slide 5, Existing Program during the slideshow on SB 148. MICHAEL FOLKERTS, Recreational Boating Safety Specialist U.S. Coast Guard District 17 Juneau, Alaska POSITION STATEMENT: Answered questions during the hearing on SB 148. RICKEY GEASE, Director Division of Parks and Outdoor Recreation Department of Natural Resources Anchorage, Alaska POSITION STATEMENT: Was available to answer questions during the hearing on SB 148 JOHN JOHNSON, Chief Executive Officer (CEO)/ Executive Director National Association of State Boating Law Administrators Lexington, Kentucky POSITION STATEMENT: Offered supporting testimony during the hearing on SB 148. ED KING, Staff Senator Roger Holland Alaska State Legislature Juneau, Alaska POSITION STATEMENT: Answered questions related to SB 148 on behalf of the sponsor. JOE GROVES, representing self Kotzebue, Alaska POSITION STATEMENT: Testified in support of SB 148. KELLY TOTH, representing self Anchorage, Alaska POSITION STATEMENT: Testified in support of SB 148. ACTION NARRATIVE 3:35:22 PM CHAIR JOSHUA REVAK called the Senate Resources Standing Committee meeting to order at 3:35 p.m. Present at the call to order were Senators Kiehl, Kawasaki, Stevens, and Chair Revak. Senator Micciche arrived soon thereafter. Senator Bishop arrived during the course of the meeting. SB 148-BOATING SAFETY EDUCATION REQUIREMENT  3:36:47 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 148 "An Act relating to mandatory boating safety education; relating to operating a boat; providing for an effective date by repealing the effective dates of secs. 3, 5, 7, 9, 11, 14, 16, 18, 20, 23, 26, and 27, ch. 28, SLA 2000, sec. 3, ch. 119, SLA 2003, sec. 2, ch. 31, SLA 2012, and secs. 5 and 8, ch. 111, SLA 2018; and providing for an effective date." 3:37:28 PM SENATOR MICCICHE joined the meeting. 3:37:41 PM SENATOR ROGER HOLLAND, Alaska State Legislature, Anchorage, Alaska, sponsor of SB 148 presented the bill. He informed the committee that he spent 30 years in the U.S. Coast Guard Reserve and had been in the U.S. Coast Auxiliary in Alaska for 10 years. Throughout his career he taught innumerable people to pilot boats and conducted many boating safety classes. SB 148 seeks to decrease boating fatalities in Alaska. SENATOR HOLLAND read the sponsor statement for SB 148: [Original punctuation provided.] According to the U.S. Coast Guard Office of Auxiliary and Boating Safety data, Alaska holds the unfortunate title of having some of the highest recreational boating fatality rates in the United States. At 7.7 times the national average, Alaska suffers 50 fatalities per 100,000 registered boats. On a per capita basis, Alaska's fatality rate of 33 deaths per million people is over 14 times the national average. SB 148 aims to reduce those figures through boating safety education. The Boating Safety data for 2020 shows that 60% of all boating accidents were a result of improper operation, 90% of accidents involve a boat of greater than 10 hp, and 77% of deaths in which the operator's training was known involved an operator with no boating safety education. Alaska's Department of Natural Resources currently offers a boating safety education program funded through boating registration receipts. However, unlike many of the lower 48 states, Alaska's program is completely voluntary. SB 148 would begin a slow transition toward requiring boating safety education as a requirement for operating a boat. The bill exempts those with a commercial fishing license and Coast Guard Merchant Mariner credentials. To prevent overwhelming the Boating Safety Education program with tens of thousands of participants all at once, the bill proposes that all Alaskans under the age of 18 on the effective date must take the course before operating a boat of at least 10 hp. I've drafted this legislation with the goal of creating the smallest burden on our residents and minimal cost to our government. I believe that this bill would save lives, as better training reduces the number of boating accidents we experience. Please join me in supporting this important effort. 3:40:26 PM SENATOR HOLLAND read the Sectional Analysis for SB 148: [Original punctuation provided with some formatting changes.] Sec. 1  Amends AS 05.25.053(b), relating to the statewide boating safety education program, by removing the program duties Which are inserted into a new subsection (d) in section 2 of the bill. Sec. 2  Creates new subsections AS 05.25.053(d) and (e), which lay out the responsibilities of the Department of Natural Resources (DNR) in implementing the statewide boating safety education program. Sec. 3  Establishes a new section AS 05.25.054, which (a) directs DNR to issues boating safety education cards to persons that pass the course. (b) requires anyone age 16 and older to have acceptable proof that they are trained to operate a boat. Sec. 4  Establishes a fine of $50 for a violation of carrying acceptable proof that they are trained to operate a boat. Sec. 5  Authorizes the Division of Motor Vehicles to create an indicator of boating safety training to be placed on drivers' licenses. Sec. 6  Authorizes the Division of Motor Vehicles to create an indicator of boating safety training to be placed on State identification cards. Sec. 7  Repeals the reverting sections of the original enacting legislation for the boating safety program, and later amendments to it, that were tied to conditional repealing language in HB 108 (2000). Sec. 8  Repeals the repealer section of the original enacting legislation for the boating safety program, and later amendments to it, that was tied to conditional repealing language in HB 108 (2000). Sec. 9  Effective date clause. 3:42:25 PM SENATOR HOLLAND began the presentation about boating safety with the graph on slide 2 that shows the number of boating fatalities per 100,000 registered boats. He pointed out that Alaska is at the top of the graph with about 2.5 times more fatalities than the next highest state, which is Colorado. SENATOR HOLLAND directed attention to the pie chart on slide 3, Percent of Deaths by Known Operator Instruction. As was pointed out in the sponsor statement, more than 75 percent of the deaths involved individuals with no boater safety education. Of the remaining deaths, 11.2 percent of operators had state instruction; 10.5 percent of operators had informal or online training; and 1.2 percent had instruction from USCG Auxiliaries, U.S. Power Squadrons, or the American Red Cross. 3:43:38 PM SENATOR HOLLAND advanced to slide 4, Education Requirement by State. He said Indiana and Minnesota now do have mandatory boating safety education so just four landlocked states do not have mandatory boating safety education. He highlighted that, although one-third to half of all the coastline in the United States is in Alaska, mandatory boating safety education is not required. SENATOR HOLLAND deferred to Joe McCullough to discuss slide 5, Existing Program. 3:45:11 PM At ease. 3:45:46 PM CHAIR REVAK reconvened the meeting and asked Mr. McCullough to discuss slide 5. 3:46:14 PM JOE MCCULLOUGH, Boating Law Administrator, Office of Boating Safety, Division of Parks and Outdoor Recreation, Department of Natural Resources, Anchorage, Alaska, stated that since 2000, Since nearly 13,000 National Association of State Boating Law Administrators (NASBLA) approved course completion certificates have been issued. Many boaters have opted for online instruction and several thousand have attended in-person classes. He noted that the latter seems to be an Alaska preference. The program is managed by the Department of Natural Resources but is mostly He stated his belief that the existing funding was sufficient should SB 148 pass and the training become mandatory. 3:48:45 PM SENATOR HOLLAND paraphrased slide 6, Bill Highlights. • Requires boaters to complete a training course before operating a boat over 10 hp • Exemptions for: • Anyone over 18 on the effective date • Commercial fishing license holder • Coast Guard Merchant Mariner credential holder • Anyone who has passed any other department approved boating safety course • Creates a "boating safety" insignia for a driver's license or state ID • Removes contingent repeal tied to federal funding • Sunset date was previously repealed in 2012 SENATOR HOLLAND offered to discuss the contingent repeal tied to federal funding if there were questions. 3:50:09 PM MICHAEL FOLKERTS, Recreational Boating Safety Specialist, U.S. Coast Guard (USCG) District 17, Juneau, Alaska, introduced himself. 3:50:22 PM SENATOR STEVENS voiced support for the bill but asked the sponsor if he would consider adding demonstrated swimming competency to the requirements in the boating safety program. 3:51:02 PM SENATOR HOLLAND replied a concern is giving people the idea that swimming is a safe option in cold waters where hypothermia can occur quickly after immersion. He relayed his experience during a USCG training session in Savoonga [a city on St. Lawrence Island in the Bering Sea] of giving local fishermen an opportunity to try lifesaving safety gear in the water. These people had spent as much as 40 years working on and near the water and none had ever gone in because going in the water usually means death. He added that he did not believe any state had swimming as a requirement in a boating safety program. SENATOR STEVENS voiced support for giving kids in Alaska the opportunity to learn to swim. He asked if the Coast Guard has a requirement for swimming. SENATOR HOLLAND deferred the question to Mr. Folkerts. MR. FOLKERTS answered no, that is outside the scope of any USCG approved boating safety programs. Nevertheless, he highly supports learning to swim and believes it gives boaters a measure of confidence that may make the difference in surviving an unplanned cold water immersion event. 3:53:09 PM CHAIR REVAK asked who would enforce this policy. MR. FOLKERTS answered that this would be a state law enforced by state law enforcement officers like state troopers, park rangers, or those with the authority and jurisdictional capacity. The USCG assists in supporting state law and may ask to see the certificate if they board a vessel. If the boater does not have a card the matter would be referred to the state for potential prosecution. CHAIR REVAK referred to the authorizations in Sections 5 and 6 for the Division of Motor Vehicles (DMV) to place a boating safety training decal on driver's licenses. He asked how this might be handled in remote areas of the Interior and for Alaskans who do not have driver's licenses. SENATOR HOLLAND asked if the question pertained to a lack of accessibility to the training program. CHAIR REVAK confirmed he was talking about the unique situations in rural Alaska, whether it was access to the training on the internet or not having a driver's license on which to place the decal. 3:55:36 PM SENATOR HOLLAND deferred to Joe McCullough. MR. MCCULLOUGH responded that the Department of Public Safety, has said enforcement would begin soft then phase in. To the question of access for rural residents, he said the decal on the driver's license is optional, not a requirement. Boaters may opt to carry the boater safety training card they receive after completing the training program. To the question of access to the training when the internet is not an option, he said the Coast Guard is always available to train community instructors or conduct the training itself. He cited the Kids Don't Float program that has reached about 6,000 schools and said he sees that this program will be handled in a similar fashion. "It's not going to happen overnight, but we do have the infrastructure to do it," he said. CHAIR REVAK shared that he had used the Morale, Welfare and Recreation (MWR) services at JBER and he found it very valuable. He explained that to rent a boat through MWR it is necessary to take a safety class. 3:57:49 PM SENATOR KIEHL thanked the sponsor for bringing the bill forward and noted that he is generally a fan of safety education programs. He said he had two lines of questions. The first relates to state boating fatality rates on slide 2 and the second relates to the educational requirement on slide 4. He questioned the correlation between states with safety requirements and low boating fatality rates as opposed to the reverse. He highlighted the potentially broad variation in these state programs and asked if research shows that they work. SENATOR HOLLAND answered that the graph reflects a snapshot in time, and the number of fatalities in Alaska fluctuates a lot from year to year. COVID pushed more Alaskans into the outdoors the last two years due to cabin fever. He deferred to Mr. Folkerts to elaborate on the fatality numbers. 3:59:39 PM MR. FOLKERTS agreed with the sponsor's explanation. The graph is not necessarily indicative of Alaska over five or ten years, but it does indicate how Alaska compares to Lower 48 states. He recounted that Alaska was the last state or territory to create a boating safety law. Twenty years ago Alaska started the Kids Dont Float program and it has proved to be one of the most powerful programs in the country. Education does improve the ability to make the right decisions on the water. MR. FOLKERTS acknowledged the general Alaskan feeling about federal intervention/overreach and advised that federal code indicates that states have the authority to lead their own boating safety programs. In this case, the Coast Guard is Alaska's partner, and it supports the state in its safety programs. Education may not save every life, but education helps people make better decisions. CHAIR REVAK asked Rickey Gease to comment. 4:02:04 PM RICKEY GEASE, Director, Division of Parks and Outdoor Recreation, Department of Natural Resources, Anchorage, Alaska, suggested that John Johnson from the National Association of State Boating Law Administrators respond to the previous question. He has data on the effectiveness of mandatory state boating safety programs. CHAIR REVAK said he first wanted to hear from the sponsor. SENATOR HOLLAND confirmed that John Johnson was the expert to answer Senator Kiehl's question about data and whether mandatory boating safety training actually saves lives. 4:03:19 PM JOHN JOHNSON, Chief Executive Officer, National Association of State Boating Law Administrators (NASBLA), Lexington, Kentucky, reported that NASBLA has developed national boating education standards, national marine law enforcement training standards, and model acts and best practices to help states move forward on boating safety. He listed the resources NASBLA has available for states, including a policy position on mandatory education, a model act on mandatory education, and a dashboard of data regarding education requirements by state. To Senator Kiehl's question, he said NASBLA began collecting data in 2007 to study the effectiveness of mandatory education programs. The study looked at states that had mandatory boating education requirements in place for: 1) 20 years or longer, 2) 10-19 years, 3) 1-9 years, and 4) states without mandated training. In group 1 the average was 3.89 fatalities per year; in group 2 the average rose to 5.52 fatalities per year; in group 3 the average was 6.5 fatalities per year; and the states without mandatory boating safety training averaged 12.28 fatalities per year, more than twice the other groups. MR. JOHNSON said that more recent data was collected for 2015- 2019 that includes states that added mandatory training since 2007. The new data group looks at states that had mandatory education requirements in place for: 1) 35 years or longer; 2) 25-34 years; 3) under 25 years; and 4) states without mandatory training. In group 1 the average fatality rate was 3.7 per year; in group 2 the average fatality rate was 6.79 per year; in group 3 the average fatality rate was 6.95 per year; and the average fatality rate in the 14 states without mandatory training was 14.28 per year. MR. JOHNSON identified the big takeaway as the widening gap between the fatalities among states with mandatory boating safety education and those without. He restated that the average fatalities for those states without mandatory boating safety training has grown from 12.28 deaths per year in 2007 to 14.28 deaths per year in 2019. By contrast, annual boating fatalities in states with mandatory boating safety training requirements have stayed about the same. Overall, he said boaters in states without boating safety education requirements are more than twice as likely to die from a boating incident. He offered to provide the data and the reports he referenced. 4:07:05 PM SENATOR KIEHL stated he'd like to see the reports. CHAIR REVAK asked Mr. Johnson to send the information to his office. 4:07:15 PM SENATOR KAWASAKI asked the sponsor if somebody who rents a boat or skiff would be required to carry proof that they had completed the boating safety training. SENATOR HOLLAND offered his understanding that the bill would require somebody who rents a boat in Alaska to have completed a boating safety training course and carry proof, electronic or hard copy. SENATOR KAWASAKI stated he wanted to read that. He also questioned whether the sponsor would consider a delayed effective date CHAIR REVAK said he noted the question. SENATOR HOLLAND supplemented his previous response and directed attention to the language in Section 3. The new Sec. 05.25.054(b) says "A person may not operate a boat with an engine of 10 horsepower or more 20 unless" they are at least 16 years old and had completed a dockside safety check before operating the boat. 4:09:42 PM SENATOR MICCICHE referenced the fiscal note and asked for confirmation that the mandatory program carries no cost other than the change to a person's identification card. SENATOR HOLLAND confirmed that the bill carried a zero fiscal note. He added that a forthcoming fiscal note would reflect the $14,000 for DMV to add a decal to drivers licenses. SENATOR MICCICHE asked if the boating safety instruction would be no cost for the public. SENATOR HOLLAND answered that organizations such as BoatUS provide free online boating safety courses. He deferred further response to Mr. McCullough. 4:10:54 PM MR. MCCULLOUGH advised that the BoatUS Foundation offers free courses in boater safety training; the state's nationally approved Water-Wise course is free; the USCG Auxiliary charges a small fee to cover materials; and fee-based courses are available online. He restated that the department submitted a zero fiscal note because it would incur no cost to implement the mandatory program; the voluntary program is already in place and individuals have a variety of options to get the training. SENATOR HOLLAND followed-up saying that the Coast Guard Auxiliary charges $75 for a 10 week night class that is very comprehensive. The fee primarily covers the text. National organizations also offer fee-based online educational modules tailored to particular state laws. SENATOR MICCICHE asked how many Alaskans would have to take the mandatory training because they fall outside of the exemptions. SENATOR HOLLAND said he would follow up with the information. CHAIR REVAK asked Mr. Giese if he had the information. 4:13:54 PM MR. GEASE answered no, but he would work with the sponsor to get the information. 4:14:14 PM SENATOR STEVENS asked if the bill requires a boater to complete a certain number of hours of boating safety education. SENATOR HOLLAND answered that there are a variety of classes of different lengths. The USCG Auxiliary has four and eight hour classes and the state offers an eight hour NASBLA-approved class on boating safety. The USCG auxiliary class he mentioned previously meets one night a week for three hours over the course of 10 weeks. It is much broader and more expansive than basic boater safety. SENATOR STEVENS asked what the legal requirements are for boating safety and whether the eight hour class would satisfy those. SENATOR HOLLAND deferred the question to Mr. McCullough. 4:16:26 PM MR. MCCULLOUGH referenced Title 5 and said the basic state and the federal requirements include: life jackets, sound signals, boat registration, navigation lights if the boat operates from sunset to sunrise, and a visual distress signal. The USCG Auxiliary class also addresses the use of alcohol and other substances that affect cogent operation of a boat. 4:17:26 PM SENATOR KIEHL asked whether there is reciprocity among states with these boating safety programs. SENATOR HOLLAND deferred the question to Mr. Folkerts. MR. FOLKERTS responded that the standard for boating safety education is NASBLA approval, so any course that meets those requirements may transfer to another state. However, it is not a given. SENATOR KIEHL asked if the bill requires boaters to renew their safety education. SENATOR HOLLAND returned to the question of reciprocity and read the exception in subsection (b)(7) for persons operating a boat with an engine of 10 horsepower or more. He read the language in paragraph (7) on page 4, line 2: (7) the person is a resident of another state and is carrying on the boat a boating safety education card approved by the National Association of State Boating Law Administrators; or He asked Senator Kiehl to repeat his second question. SENATOR KIEHL asked if the bill requires continuing education/refresher courses/renewal or if the safety card is valid for life. SENATOR HOLLAND answered that the boating safety training is a one-time class. It does not need to be renewed. 4:20:43 PM SENATOR MICCICHE noted that the bill exempts individuals who hold a commercial fishing license or a valid USCG commercial operator's license to operate a "six-pack" or larger vessel. He referenced the repealer language and asked if the state has foregone federal funding because it does not have mandated safe boater education. 4:21:36 PM ED KING, Staff, Senator Roger Holland, Alaska State Legislature, Juneau, Alaska, explained that the state has been able to fund the voluntary program with federal funds since 2000 and that will continue after SB 148 passes. The existing law does condition the program on the continuation of federal funding. SB 148 proposes to remove that condition to give the state discretion to continue the program should the federal funding stop. 4:22:57 PM SENATOR KIEHL offered his understanding that the bill makes it illegal for a person who is under the age of twelve to operate a boat with an engine that is greater than 10 horsepower if they are alone. He shared that he did that when he was young, and asked for an explanation of that limitation. 4:24:05 PM SENATOR BISHOP joined the meeting. 4:24:12 PM SENATOR HOLLAND pointed out that the bill only addresses motorized watercraft of greater than 10 horsepower. He noted that a twelve-year-old could legally operate a boat with a 9.9 HP engine. SENATOR KIEHL said he'd have to think about that requirement given that a life-jacketed young Jesse Kiehl spent a lot of time running around on flat water in a Zodiac inflatable with a crummy 20 HP Mercury outboard. 4:25:32 PM SENATOR STEVENS drew laughter when he asked if it was too late to prosecute the senator. CHAIR REVAK asked Mr. King if he had something to add. MR. KING stated that SB 148 was drafted based on model legislation from NASBLA, and Mr. Johnson may be able to discuss why the 12-year-old limitation is in the model legislation. 4:26:26 PM MR. JOHNSON explained that the limitation came from a group of boating safety officials who determined that it was reasonable to assume that a 12-year-old could understand the rules associated with a boating safety education course and operate a motorized watercraft safely. CHAIR REVAK asked Mr. King if he had anything to add. 4:27:05 PM MR. KING highlighted two issues the committee might consider for amendment. First, the two references to United States Coast Guard commercial operator's license should instead refer to the United States Coast Guard merchant mariner credential. The second issue relates to the language on page 3, lines [28-29] that talks about completing a required dockside safety checklist. Because that information might not exist in state law, he suggested the committee might consider giving the department regulatory authority to develop that checklist. CHAIR REVAK said he would work with the sponsor's office to address those items before the bill is heard again. 4:28:12 PM SENATOR MICCICHE asked for confirmation that the bill does not specifically address registered guides who may hold a "six-pack" license, which is very different than a merchant mariner certificate. MR. KING said the language was flagged as incorrect terminology and the sponsor could further discuss what the terminology should be. 4:28:46 PM CHAIR REVAK opened public testimony on SB 148. 4:29:11 PM JOE GROVES, representing self, Kotzebue, Alaska, stated that he is a licensed merchant mariner who has worked with the schools and the school district as well as at the state level to advance boating safety. He opined that boating safety education is important, particularly in regions such as Kotzebue where transportation centers on the water. Boating safety education has definitely saved lives in this area, so he supports legislation that promotes such training. 4:30:31 PM KELLY TOTH, representing self, Anchorage, Alaska, reported that she previously spent eight years as an education coordinator for the Office of Boating Safety. She also serves on the national standards panel for the National Association of Boating Law Administrators, which helps establish the standards the committee has been discussing. She explained that national standards are built on a consensus basis and issued through the American National Standards Institute. MS. TOTH reported that Dr. Michael Tipton conducted a study that looked at how mandatory boating safety education and training saves lives. She offered to follow up with the study. She added that any good injury prevention program includes the public health pillars of engineering, education, and enforcement and SB 148 addresses the education component. She concluded her testimony by sharing a story about a father, a son, and an uncle who capsized an overloaded canoe while moose hunting. The son was trained in boating safety and the only one wearing a lifejacket. He is credited with saving his father and uncle. Anecdotally we know that education saves lives, she said. 4:33:28 PM CHAIR REVAK closed public testimony on SB 148. SENATOR HOLLAND said it will be a large lift to move Alaska out of first place among states in annual boating fatalities, but it's worth the effort. 4:34:56 PM SENATOR MICCICHE shared his boating experiences as a boy in Florida and later as an adult in Alaska and questioned whether it was realistic to have national standards when there is such variability in water and weather conditions across the country. SENATOR HOLLAND agreed that one size does not fit all but national companies that have helped 40 other states were waiting to help adapt training standards to fit Alaska. He deferred further comment to Mr. Johnson. 4:37:07 PM MR. JOHNSON said the national standards provide a common denominator that leaves room for each state to add specific provisions. 4:38:25 PM At ease. 4:38:39 PM CHAIR REVAK reconvened the meeting. [CHAIR REVAK held SB 148 in committee.] 4:38:50 PM There being no further business to come before the committee, Chair Revak adjourned the Senate Resources Standing Committee meeting at 4:38 p.m.