Legislature(2017 - 2018)SENATE FINANCE 532

04/07/2017 01:30 PM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Postponed to 1:45 p.m. --
+ HB 48 ARCHITECTS,ENGINEERS,SURVEYORS: EXTEND BD TELECONFERENCED
Heard & Held
+ SB 50 INCREASE STUDDED TIRE FEE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 31 NO ST. EMPLOYEE PAY INCREASE FOR 2 YRS TELECONFERENCED
Moved SB 31 Out of Committee
SENATE BILL NO. 50                                                                                                            
                                                                                                                                
     "An Act relating  to fees for the  sale or installation                                                                    
     of  studded  tires;  and  providing  for  an  effective                                                                    
     date."                                                                                                                     
                                                                                                                                
2:16:58 PM                                                                                                                    
                                                                                                                                
SENATOR CATHY GIESSEL, SPONSOR, explained the legislation.                                                                      
                                                                                                                                
2:20:07 PM                                                                                                                    
                                                                                                                                
KARI NORE, STAFF, SENATOR GIESSEL, discussed the Sectional                                                                      
Analysis (copy on file):                                                                                                        
                                                                                                                                
     Section 1: Amends AS 43.97.025(b)                                                                                          
     This section amends  the current statute in  3 ways. It                                                                    
     first increases  the studded tire  user fee from  $5 to                                                                    
     $50, it  reduces the  weight of  studs that  fall under                                                                    
     this fee from  1.1 grams to 0.5 grams.  It also ensures                                                                    
     that all  tires sold  through online retailers  for use                                                                    
     in Alaska are subject to this fee.                                                                                         
                                                                                                                                
    Section 2: Adds a new subsection under AS 43.98.025                                                                         
     This section creates a new  subsection (i) to establish                                                                    
     legislative intent  that the funds generated  from this                                                                    
     fee  will  be  directed   back  to  the  Department  of                                                                    
     Transportation for the repair  and maintenance of state                                                                    
     maintained roads. It does not create a dedicated fund.                                                                     
                                                                                                                                
     Section 3: Adds  a new section into  the uncodified law                                                                    
     of the State of Alaska                                                                                                     
     This section  outlines that the  act will apply  to all                                                                    
     tire  sales  and stud  installations  on  or after  the                                                                    
     effective date.                                                                                                            
                                                                                                                                
     Section 4: Effective Date                                                                                                  
     This Act would take effect on July 1, 2017.                                                                                
                                                                                                                                
MARK  NEIDHOLD, CHIEF,  DESIGN  AND CONSTRUCTION  STANDARDS,                                                                    
DEPARTMENT   OF   TRANSPORTATION  AND   PUBLIC   FACILITIES,                                                                    
discussed  the  presentation,  "Studded  Tire  Presentation"                                                                    
(copy on file).                                                                                                                 
                                                                                                                                
Mr.  Neidhold  looked  at slide  2,  "State  Highway  System                                                                    
subject to Studded Tire Damage":                                                                                                
                                                                                                                                
     • Pavement Ruts: Longitudinal depressions in                                                                               
     the wheel paths                                                                                                            
     • High Traffic Volume, High Speed Roads are                                                                                
     more prone to Studded Tire Damage                                                                                          
                                                                                                                                
     Examples include:                                                                                                          
     • Glenn Highway (Anchorage area)                                                                                           
     • Seward Highway (Anchorage area)                                                                                          
     • Minnesota Drive (Anchorage)                                                                                              
     • Egan Drive (Juneau)                                                                                                      
                                                                                                                                
Mr. Neidhold  highlighted slide 3, "Rutting  Evidence caused                                                                    
by Studded  Tire." He stated  that the slide  showed typical                                                                    
road wear from studded tires on passenger vehicles.                                                                             
                                                                                                                                
Vice-Chair Bishop  noted that the  width of the  ruts looked                                                                    
like the  width of a truck.  He stressed that some  of those                                                                    
trucks  used  studded  tires in  the  winter.  Mr.  Neidhold                                                                    
replied  that,  typically, the  larger  trucks  did not  use                                                                    
studs, but used chains. The intent  of the slide was to show                                                                    
that it was narrower than commercial vehicles.                                                                                  
                                                                                                                                
Vice-Chair Bishop noted that some  of the wear was caused by                                                                    
trucks.                                                                                                                         
                                                                                                                                
Senator Dunleavy  queried the number  of vehicles  that used                                                                    
studs versus vehicles that used  chains. Mr. Neidhold agreed                                                                    
to provide that information.                                                                                                    
                                                                                                                                
2:25:28 PM                                                                                                                    
                                                                                                                                
MIKE  SAN ANGELO,  STATEWIDE MATERIALS  ENGINEER, DEPARTMENT                                                                    
OF  TRANSPORTATION  AND  PUBLIC FACILITIES,  ANCHORAGE  (via                                                                    
teleconference),  did not  believe  that the  effect of  the                                                                    
ruts  was not  because of  the  base material  due to  heavy                                                                    
loads. He stated  that it was found that the  rut was due to                                                                    
removal of the  surface of the road. He  remarked that there                                                                    
were  previous  pavements  that  would  alter  due  to  poor                                                                    
construction of roads.                                                                                                          
                                                                                                                                
Co-Chair MacKinnon  wondered whether  the chains  had caused                                                                    
some of the rutting.                                                                                                            
                                                                                                                                
Senator Dunleavy  queried the number  of vehicles  that used                                                                    
studs  versus  vehicles that  used  chains.  Mr. San  Angelo                                                                    
replied that he did not know that information.                                                                                  
                                                                                                                                
Senator Dunleavy  queried the studies on  damage with chains                                                                    
versus  studs. Mr.  San Angelo  replied that  there were  no                                                                    
studies  in  Alaska.  He remarked  that  Parks  Highway  had                                                                    
mostly truck traffic,  and the pavements were  lasting up to                                                                    
25 years on  that highway. The distress on  that highway was                                                                    
not rutting, but rather cracking distress.                                                                                      
                                                                                                                                
Senator  Dunleavy  wondered  whether  there  were  fees  for                                                                    
chains. Mr. San Angelo responded  that he did not know about                                                                    
fees.                                                                                                                           
                                                                                                                                
2:30:20 PM                                                                                                                    
                                                                                                                                
Mr.  Neidhold looked  at slide  4, "Pavement  Sampling Eagle                                                                    
River  Loop Road  13,000+ vehicles/day  July  29, 2008."  He                                                                    
noted  that the  bottom surface  of the  slabs did  not show                                                                    
deflection.                                                                                                                     
                                                                                                                                
Mr.  Neidhold  addressed slide  5,  "Eagle  River Loop  Road                                                                    
13,000+  vehicles/day July  29, 2008."  He noted  that there                                                                    
was not a "shoving of material" out of the center area.                                                                         
                                                                                                                                
Mr. Neidhold discussed slide 6, "US Restrictions and                                                                            
Permissions." He stated that the slide showed other state's                                                                     
policies.                                                                                                                       
                                                                                                                                
Mr. Neidhold addressed slide 7, "Safety and Environmental                                                                       
Issues":                                                                                                                        
                                                                                                                                
     •  Ruts  become  a  Safety  Hazard  to  the  travelling                                                                    
     public:                                                                                                                    
     • Icy  road: Ice or  snow in ruts causes  addition loss                                                                    
     of traction                                                                                                                
    • Dry road: Difficulty steering and changing lanes                                                                          
     •  Wet road:  Hydroplaning  potential due  to water  in                                                                    
     ruts  • Studded  tire  use on  bare pavement  generates                                                                    
     dust, posing risk to human health                                                                                          
     •  Based  on  this  human  health  risk,  Japan  banned                                                                    
     studded tires in 1990                                                                                                      
                                                                                                                                
Mr. Neidhold looked at slide 8, "Addressing Rut Damage":                                                                        
                                                                                                                                
     • Rut  Repair Trigger:  Rut depth of  ½inch  triggers a                                                                    
     project  to  address   rut  repair;  usually  a  2year                                                                     
     turnaround to bidready plans                                                                                               
     • Typical Fix: MillandFill in travel lanes                                                                                 
     •  Hard Aggregate  Policy: Stipulates  the use  of hard                                                                    
     aggregate in  the asphalt mix  when the  traffic volume                                                                    
     exceeds 5,000 vehicles per lane  in areas prone to stud                                                                    
     use                                                                                                                        
     •  Potential  fixes,  i.e., Microsurfacing,  a  mix  of                                                                    
     aggregate, polymerized asphalt, and  water that is used                                                                    
     to fill the ruts using special paving equipment.                                                                           
     Road is open to traffic in ~2 hours.                                                                                       
                                                                                                                                
Mr. Neidhold addressed slide 9, "Winter Driving":                                                                               
                                                                                                                                
     • Automobile Technology Improvements                                                                                       
     • Allwheel drive                                                                                                           
     • ABS braking                                                                                                              
     • Tire Technology Improvements                                                                                             
     • Tire composition and tread                                                                                               
     • Studless tires, e.g., XIce®, Blizzak™                                                                                    
     • Better allseason tires                                                                                                   
     • Limited range of conditions in which studded tires                                                                       
     outperform alternatives                                                                                                    
                                                                                                                                
2:35:46 PM                                                                                                                    
                                                                                                                                
STEVEN WORTHAM,  ALYESKA TIRES, KENAI  (via teleconference),                                                                    
spoke  to  some concerns  about  the  bill. He  stated  that                                                                    
studless tires had not been proven  to be as good as studded                                                                    
tires.  He stressed  that,  in  certain conditions,  studded                                                                    
tires  outperform studless  tires, especially  in the  first                                                                    
and last thirty feet between  starting and stopping. He felt                                                                    
that it could  be the difference between life  and death for                                                                    
certain  people. He  feared  that the  results  of the  fees                                                                    
would be the government picking  winners and losers. He felt                                                                    
that  the  tax   disproportionately  affected  lower  income                                                                    
families.                                                                                                                       
                                                                                                                                
2:39:28 PM                                                                                                                    
                                                                                                                                
FRANKLIN   WORTHAM,  OWNER,   ALYESKA   TIRES,  KENAI   (via                                                                    
teleconference), echoed  the comments of Mr.  S. Wortham. He                                                                    
stressed that there was ordering  that had already occurred,                                                                    
so the tax could cause a loss of revenue.                                                                                       
                                                                                                                                
Co-Chair MacKinnon wondered whether  there was a rebate from                                                                    
the state  to collect the  tax. Mr. F. Wortham  replied that                                                                    
there was a 5 percent rebate, or $900 per quarter.                                                                              
                                                                                                                                
2:42:37 PM                                                                                                                    
                                                                                                                                
BONNIE  SNYDER,  SELF,  MATSU  (via  teleconference),  spoke                                                                    
against  the  legislation.  She felt  that  the  restriction                                                                    
would decrease safety.                                                                                                          
                                                                                                                                
2:45:17 PM                                                                                                                    
                                                                                                                                
VANESSA  DEBACH,  SELF,  MATSU (via  teleconference),  spoke                                                                    
against the legislation.                                                                                                        
                                                                                                                                
2:47:15 PM                                                                                                                    
                                                                                                                                
JUDY   SNYDER,   OWNER,   DIVERSIFIED   TIRE,   MATSU   (via                                                                    
teleconference), spoke against the legislation.                                                                                 
                                                                                                                                
2:50:18 PM                                                                                                                    
                                                                                                                                
ALFRED   MEYER,   MEYERS   MUFFLER  CITY,   ANCHORAGE   (via                                                                    
teleconference), opposed the bill.                                                                                              
                                                                                                                                
2:53:11 PM                                                                                                                    
                                                                                                                                
JEFF PASCO, SELF,  NINILCHIK (via teleconference), testified                                                                    
against the bill.                                                                                                               
                                                                                                                                
2:53:57 PM                                                                                                                    
                                                                                                                                
ROBERT  LOONEY,  SELF,  CRAIG  (via  teleconference),  spoke                                                                    
against the bill.                                                                                                               
                                                                                                                                
2:55:47 PM                                                                                                                    
                                                                                                                                
LARRY   OPPERMAN,  SELF,   SOLDOTNA  (via   teleconference),                                                                    
testified against the bill.                                                                                                     
                                                                                                                                
Senator Micciche  wondered how many  winters that a  new set                                                                    
of studded tires could endure.  Mr. Opperman replied that he                                                                    
typically switched  his tires  in the  season, and  that his                                                                    
tires could last five or six years.                                                                                             
                                                                                                                                
3:00:56 PM                                                                                                                    
                                                                                                                                
DAVE   HANSON,   SELF,   ANCHORAGE   (via   teleconference),                                                                    
testified against the legislation.                                                                                              
                                                                                                                                
3:03:55 PM                                                                                                                    
                                                                                                                                
RICHARD  NORDNESS,   EXECUTIVE  DIRECTOR,   NORTHWEST  TIRES                                                                    
DEALERS   ASSOCIATION,   WASHINGTON  (via   teleconference),                                                                    
opposed the bill.                                                                                                               
                                                                                                                                
3:07:10 PM                                                                                                                    
                                                                                                                                
GARRY   WESSEL,   BRUNO   WESSEL,  INC.,   NEW   YORK   (via                                                                    
teleconference), spoke against the bill.                                                                                        
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
3:10:23 PM                                                                                                                    
                                                                                                                                
Senator  Dunleavy wondered  whether there  would be  ruts in                                                                    
the roads  without studded tires. Mr.  Neidhold replied that                                                                    
there would  still be some ruts,  but the ruts would  not be                                                                    
as significant without studded tires.                                                                                           
                                                                                                                                
Senator  Dunleavy queried  the  cause of  the  ruts with  no                                                                    
studs. Mr.  Neidhold replied  that ruts  could be  caused by                                                                    
shoving.                                                                                                                        
                                                                                                                                
Senator  Dunleavy  wondered  whether  heavy  vehicles  could                                                                    
cause ruts. Mr. Neidhold responded in the affirmative.                                                                          
                                                                                                                                
Co-Chair MacKinnon  surmised that  friction and  speed could                                                                    
contribute to rutting. Mr. Neidhold agreed.                                                                                     
                                                                                                                                
Senator Micciche  recalled a study  that compared  a studded                                                                    
tire and  regular tire  in a  circular pattern.  He wondered                                                                    
whether  the  state  performed   that  study.  Mr.  Neidhold                                                                    
deferred to Mr. San Angelo.                                                                                                     
                                                                                                                                
Mr. San Angelo replied that  the document was online for the                                                                    
legislation. He  explained that the  design of the  roads in                                                                    
Alaska  was meant  to prevent  rutting. He  remarked that  a                                                                    
rutting  failure due  to  shoving or  heavy  loads that  the                                                                    
roads were designed to prevent.                                                                                                 
                                                                                                                                
Senator  Micciche   wondered  how   the  studies   were  not                                                                    
anecdotal. He wondered whether there  was as study comparing                                                                    
asphalts  that had  been exposed  to studded  and nonstudded                                                                    
tires.  Mr.  San  Angelo replied  that  studded  tires  were                                                                    
allowed in Alaska, so it  was difficult to separate the data                                                                    
set.                                                                                                                            
                                                                                                                                
3:18:30 PM                                                                                                                    
                                                                                                                                
MIKE  LESSMAN,  LEGISLATIVE  LIAISON, ALASKA  DEPARTMENT  OF                                                                    
PUBLIC SAFETY,  felt that Senator Micciche  was referring to                                                                    
a 2004  study from the  University of Alaska  Anchorage, and                                                                    
agreed to provide that information.                                                                                             
                                                                                                                                
Senator Micciche  queried the  annual cost  of the  per mile                                                                    
costs that  were associated  with studded  tire wear  on the                                                                    
roads.  Mr.  Lessman  replied  that  the  average  cost  was                                                                    
approximately $500,000 per lane mile  for the repair for the                                                                    
studded tire wear.                                                                                                              
                                                                                                                                
Co-Chair  MacKinnon queried  the  how  the department  would                                                                    
handle the increased fee.                                                                                                       
                                                                                                                                
3:20:52 PM                                                                                                                    
                                                                                                                                
BRANDON  SPANOS, DEPUTY  DIRECTOR, TAX  DIVISION, DEPARTMENT                                                                    
OF  REVENUE, ANCHORAGE  (via  teleconference), replied  that                                                                    
there was a bill in congress  that would allow states to tax                                                                    
online sales.  He stated that, currently,  a company selling                                                                    
online must have a taxable nexus in the state.                                                                                  
                                                                                                                                
Co-Chair  MacKinnon  wondered   whether  the  Department  of                                                                    
Revenue (DOR) had any online  agreements for tax collection.                                                                    
Mr. Spanos replied that there  were no online sales taxes in                                                                    
the state, other than the tire fee.                                                                                             
                                                                                                                                
Co-Chair  MacKinnon queried  any assertions  on the  balance                                                                    
between the  weight and shipment costs;  versus sales inside                                                                    
the  state.  She  recalled comments  about  the  legislation                                                                    
creating  and "unfair  playing  field."  Mr. Spanos  replied                                                                    
that there  was no  cost analysis for  the shipping  cost of                                                                    
tires purchased online.                                                                                                         
                                                                                                                                
Co-Chair MacKinnon  announced that  the amendments  were due                                                                    
Monday by  5pm, and that  the following day's  meeting would                                                                    
be canceled. She discussed the following week's schedule.                                                                       
                                                                                                                                
SB  50  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
HB 48 Sponsor Statement.pdf SFIN 4/7/2017 1:30:00 PM
HB 48
HB 48 Supporting Document Sunset Audit.pdf SFIN 4/7/2017 1:30:00 PM
HB 48
HB 48 Supporting Letters.pdf SFIN 4/7/2017 1:30:00 PM
HB 48
SB 50 Public Testimony Erickson.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SEN Finance_Studded Tire Presentation_07April2017_final_Amended.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Northwest Tire Dealers Assoc. Letter.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Support All 3-2017.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Opposition All 3-2017.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Tire Cost Comparison.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Admin Responses.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Statute References.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Legal Opinion version J.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Summary ISER study 2004.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Summary Oregon Study 2000.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Summary Washtington Study 2002.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Summary Oregon Study 2014.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Sectional Analysis ver J.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Backup Document Craig Medred Article.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Backup Document Randal O'Toole article.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Backup Document Transportation Research Record Article by Brunette and Lundy.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Sponsor Statement.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Backup Document Alaska Infrastructure Report Card 2017 - Roads Section.pdf SFIN 4/7/2017 1:30:00 PM
SB 50
SB 50 Public Testimony Reiner.pdf SFIN 4/7/2017 1:30:00 PM
SB 50