Legislature(2003 - 2004)

03/25/2003 01:32 PM House TRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 173-FEE FOR STUDDED TIRES                                                                                                  
                                                                                                                                
CO-CHAIR HOLM announced that the  next order of business would be                                                               
HOUSE BILL NO.  173, "An Act relating to a  fee on studded tires;                                                               
and  providing for  an effective  date."   [A proposed  committee                                                               
substitute (CS),  Version 23-GH1127\D,  Kurtz, 3/12/03,  had been                                                               
adopted on 3/18/03.]                                                                                                            
                                                                                                                                
Number 1731                                                                                                                     
                                                                                                                                
CHUCK  McGEE,  U.S.  Representative  for  Ugigrip,  testified  in                                                               
opposition  to  HB  173,  noting  that Ugigrip  is  a  tire  stud                                                               
manufacturer.  He referred to  written materials submitted to the                                                               
committee and then provided the following testimony:                                                                            
                                                                                                                                
     Ugigrip is in opposition to  HB 173.  We understand the                                                                    
     need for Alaska  to evaluate the benefits  and costs to                                                                    
     tire-stud usage.   Although tire studs  do damage roads                                                                    
     -  we  know that  -  the  safety provided  to  Alaska's                                                                    
     constituents and  cost savings from  accident avoidance                                                                    
     is  well  documented.   Stud  manufacturers  have  made                                                                    
     numerous product  improvements to minimize  road damage                                                                    
     over  the  years.    Unfortunately,  any  fee  that  is                                                                    
     imposed  on  studded  tires  will  force  consumers  to                                                                    
     abandon using studded tires.                                                                                               
                                                                                                                                
MR. McGEE testified:                                                                                                            
                                                                                                                                
     The average  weight of  all stud tires  used is  now 20                                                                    
     percent lighter today than it  was 10 years ago.  There                                                                    
     have been  quite a few  changes.  The  newer generation                                                                    
     of tire studs are  really designed to minimize pavement                                                                    
     contact by  rocking excessively.   This  design reduces                                                                    
     road wear.   Another factor  leading to less  impact by                                                                    
     studded snow tires is that  the average snow tire today                                                                    
     uses approximately 100 studs,  verses 120 studs used on                                                                    
     older styles  of snow tires.   These changes  really do                                                                    
     reduce road wear.                                                                                                          
                                                                                                                                
Number 1862                                                                                                                     
                                                                                                                                
MR. McGEE continued:                                                                                                            
                                                                                                                                
     Safety  to  the  motorist  is  important  to  everyone.                                                                    
     Studded tires  on wet ice  are still 30  percent better                                                                    
     than the  new generation  of studless tires  in braking                                                                    
     and 50  percent better  in acceleration.   This  is the                                                                    
     conclusion of a  test performed in 1999  by the leading                                                                    
     automotive  publication in  Sweden  and  Finland.   The                                                                    
     most comprehensive investigation on  the tire studs was                                                                    
     performed  by  VTI,  the Swedish  [National]  Road  and                                                                    
     [Transport]  Research  Institute  in  1989.    The  VTI                                                                    
     documented  that  a  winter without  tire  studs  would                                                                    
     increase  accident costs  significantly  more than  the                                                                    
     cost to repair roads damaged by studs.                                                                                     
                                                                                                                                
     Your constituents  will benefit  from not having  a fee                                                                    
     on  tire studs.   Motorists  choose to  use tire  studs                                                                    
     because the  product has proven  to them that  they can                                                                    
     avoid accidents  in slick conditions with  studded snow                                                                    
     tires.   Besides  the tangible  cost savings  studs can                                                                    
     provide to everyone,  it is difficult to  place a value                                                                    
     on a product that may save a human life.                                                                                   
                                                                                                                                
REPRESENTATIVE FATE asked about the  reference to a Swedish study                                                               
indicating  that  the  cost  of   having  non-studded  tires  was                                                               
balanced out by the cost in  safety to individuals.  He asked for                                                               
further detailed research and figures relative to that study.                                                                   
                                                                                                                                
MR.  McGEE  said   that  those  figures  were   included  in  the                                                               
information  packet  provided to  the  committee.   He  said  the                                                               
results showed  about a 4-to-1  ratio, relating to what  it would                                                               
cost  in  terms of  accidents  versus  the  actual cost  of  road                                                               
maintenance.  Mr.  McGee emphasized that it was  a sizable amount                                                               
and  that  the  study  was very  comprehensive;  several  million                                                               
dollars  was spent  on it,  and it  is probably  the most  recent                                                               
comprehensive  study  done.    He reiterated  that  he  has  that                                                               
information  in  the  packet  for the  members  to  evaluate  and                                                               
determine the accuracy of the study.                                                                                            
                                                                                                                                
REPRESENTATIVE FATE requested the receipt of that information.                                                                  
                                                                                                                                
MR. McGEE  stated that additional information  which was included                                                               
in  the studies  that were  done  in Sweden  and a  lot of  other                                                               
northern European countries showed  the "baggage" of this studded                                                               
tires versus the non-studded tire debate.                                                                                       
                                                                                                                                
CO-CHAIR HOLM asked for his comments on siped tires.                                                                            
                                                                                                                                
MR.  McGEE responded  that  [siping tires]  really  does help  in                                                               
traction in  all conditions, whether  it be wet,  snow-packed, or                                                               
iced conditions.   All tires now  have more siping than  tires in                                                               
the past.   One of the problems experienced in  the past was that                                                               
when old snow tires were studded  with a heavy block on the tire,                                                               
it created a  situation with the stud not performing  well in wet                                                               
and dry  conditions.  He  noted that  a recent study  showed that                                                               
studded  tires stop  even better  on wet  pavement than  the non-                                                               
studded new generation of tires.                                                                                                
                                                                                                                                
Number 2067                                                                                                                     
                                                                                                                                
CO-CHAIR HOLM opined  that there are only three  states left that                                                               
still use  studded tires, and  that Canada does not  have studded                                                               
tires.   He asked Mr. McGee  why Alaska should not  move down the                                                               
same path.                                                                                                                      
                                                                                                                                
MR.  McGEE  responded  that  Co-Chair  Holm's  statement  is  not                                                               
accurate.   There are actually  20 states that use  studded tires                                                               
including Colorado, Utah,  Oregon, California, Washington, Idaho,                                                               
and quite a few  of the eastern states.  He  pointed out that the                                                               
only states that  really do not allow studded tires  are a couple                                                               
in  the Midwest  that had  bad experiences  that go  back to  the                                                               
'60s.    Mr.  McGee  said  he believes  there  are  a  couple  of                                                               
provinces in Canada that do allow  studs.  He said that there may                                                               
be someone else who can comment on that point.                                                                                  
                                                                                                                                
REPRESENTATIVE KOHRING clarified earlier  comments by saying that                                                               
every province in  Canada, with the exception  of Ontario, allows                                                               
studded [tires].   He also pointed out that there  have only been                                                               
six states that  have either outlawed or greatly  reduced the use                                                               
of studded tires.                                                                                                               
                                                                                                                                
Number 2162                                                                                                                     
                                                                                                                                
LORENA  SKONBERG,  Consumer   Awareness  Manager,  Alaska  Native                                                               
Health  Board,  testified in  support  of  HB 173,  and  answered                                                               
questions from  the members.   She said the Alaska  Native Health                                                               
Board  passed a  resolution supporting  this legislation  because                                                               
they believe it will increase  state revenue to assist in meeting                                                               
the needs of Alaskans in a physically turbulent atmosphere.                                                                     
                                                                                                                                
REPRESENTATIVE KAPSNER asked Ms. Skonberg  if the board knew that                                                               
the  money that  comes from  this  tax does  not go  back to  the                                                               
Department  of Transportation  &  Public Facilities  to make  the                                                               
state any safer, but just goes into the general fund.                                                                           
                                                                                                                                
MS. SKONBERG responded that she is  not sure if the Alaska Native                                                               
Health Board understands that, but  will pass that information on                                                               
to them.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  KOHRING referred  the members  to information  in                                                               
their packets  that strongly  suggests that  safety is  an issue,                                                               
and  if  the state  were  to  ban  studs  it could  increase  the                                                               
incidence of accidents, medical-related  costs, and deaths on the                                                               
highways.   He explained that  it is important that  Ms. Skonberg                                                               
be  aware of  that  point as  well, and  offered  to forward  the                                                               
information to her.                                                                                                             
                                                                                                                                
Number 2238                                                                                                                     
                                                                                                                                
RICHARD  NORDNESS,  Executive  Director, Northwest  Tire  Dealers                                                               
Association,  testified in  opposition  of HB  173, and  answered                                                               
questions from the  members.  He explained that  he is testifying                                                               
on behalf of  their Alaskan members, saying  that the association                                                               
is very concerned about the safety  issues and the use of studded                                                               
tires, which  is of great  concern to the members  and customers.                                                               
The  association  members  believe  that  studded  tires  are  an                                                               
important safety factor for most  Alaskan residents.  That is why                                                               
they  are opposed  to  HB 173,  because the  imposed  $10 tax  on                                                               
studded tires  in Alaska would  have a negative effect  on winter                                                               
driving in the state and would  take the safety of having studded                                                               
tires away  from many of the  residents who could not  afford the                                                               
$10-per-tire or $40-per-set tax.   He pointed out that this could                                                               
lead to  more accidents, property  damage, injuries,  and deaths.                                                               
He  said this  tax would  be a  hardship on  people all  over the                                                               
state because many  of these folks need the studded  tires to get                                                               
back and forth to work and home.                                                                                                
                                                                                                                                
MR.  NORDNESS explained  that another  reason why  Northwest Tire                                                               
Dealers Association  is opposed to  the bill is because  it would                                                               
force tire dealers to become tax  collectors.  The members of the                                                               
association  are  retailers  providing   goods  and  services  to                                                               
customers and  really do not  want to be  the ones to  spread the                                                               
bad  word to  customers  that they  will be  forced  to spend  an                                                               
addition $40 for snow tires.                                                                                                    
                                                                                                                                
MR. NORDNESS suggested the members  look into the current studded                                                               
snow tire  laws in  Washington and  Oregon.   There are  over 500                                                               
members   in  Washington   and  Oregon   who  have   worked  with                                                               
legislators there  to develop a  lighter-weight stud that  has an                                                               
effect on  the wear  on the  road.  He  explained that  there are                                                               
studies on the  use of lighter-weight studs and that  he would be                                                               
happy to provide the committee with copies of them.                                                                             
                                                                                                                                
TAPE 03-12, SIDE B                                                                                                            
Number 2370                                                                                                                     
                                                                                                                                
MR.  NORDNESS explained  that Alaska  is  using a  heavier-weight                                                               
stud than what is currently in  use in Washington and Oregon.  He                                                               
said  he would  be happy  to provide  any additional  information                                                               
from the manufacturers  to the committee that they  might need on                                                               
these  studs.    Mr.  Nordness  asked the  member  to  support  a                                                               
lighter-weight stud, rather  than putting a heavy  tax on studded                                                               
tires.                                                                                                                          
                                                                                                                                
REPRESENTATIVE FATE  asked if there  is a large markup  between a                                                               
studded  and non-studded  tire.   He  asked if  this will  reduce                                                               
sales and result in a loss in income.                                                                                           
                                                                                                                                
MR.  NORDNESS replied  that  there is  not a  big  markup in  the                                                               
studded tire  industry.  He  explained that their big  concern is                                                               
the safety of their customers  because there are people out there                                                               
that  definitely need  to use  the studded  tires.   Mr. Nordness                                                               
also  mentioned Mr.  McGee's earlier  reference  to the  studless                                                               
tire  that  is being  tested  and  said  although that  tire  has                                                               
improved considerably,  it still does  not have the  starting and                                                               
stopping traction that studded tires have.                                                                                      
                                                                                                                                
CO-CHAIR HOLMS  asked if his  organization is opposed to  the fee                                                               
for studded tires.                                                                                                              
                                                                                                                                
MR. NORDNESS  responded that  they are  opposed to  HB 173  as it                                                               
stands right now.                                                                                                               
                                                                                                                                
Number 2244                                                                                                                     
                                                                                                                                
LYNN   ALESHIRE,  Consulting   Engineer,  University   of  Alaska                                                               
Anchorage,  testified  that  she   is  under  contract  with  the                                                               
University  of Alaska  Anchorage and  has  been part  of a  study                                                               
funded by the last legislature  to evaluate socioeconomic effects                                                               
of studded  tire use in  Alaska.  She  told the members  that the                                                               
interim report  has been sent  to Senator Cowdery.   Ms. Aleshire                                                               
told  the members  that  her  main concern  with  HB  173 is  the                                                               
underlying assumption  that studded tires are  a financial burden                                                               
to the state  because of the damage they cause  to pavement.  She                                                               
told the  members that it  is her  opinion, after working  on the                                                               
study, that that  assumption is premature at best,  and more than                                                               
likely entirely incorrect.                                                                                                      
                                                                                                                                
MS. ALESHIRE explained that her  portion of the research involved                                                               
reviewing 43  studies and publications  which dealt  with traffic                                                               
safety and economic  impacts of studded tire usage.   She went on                                                               
to say these papers were  from the United States, Canada, Europe,                                                               
and Japan.   She summarized some  of the interim findings  of the                                                               
study by telling the members  that with only one exception, every                                                               
paper concluded that studded tires  reduced injuries, deaths, and                                                               
accident rates.   The  second finding  was that  Nordic countries                                                               
and Washington state  and Oregon have restricted  stud weight and                                                               
quantity without affecting safety,  but greatly reducing pavement                                                               
wear by as much  as half.  She explained that  snow tires tend to                                                               
polish already  slippery pavement  surfaces, [that  studded tires                                                               
would rough up], which greatly increases accident rates.                                                                        
                                                                                                                                
MS.  ALESHIRE  pointed  to  two recent  studies  from  Japan  and                                                               
Finland that have produced similar  results.  The Japanese banned                                                               
studs on Hokkaido in the early  1990s.  Their main motive was air                                                               
pollution, followed by pavement wear.   In 2002, they conducted a                                                               
benefit-cost analysis  before and  after their prohibition.   She                                                               
told the members  what they found is that banning  studs caused a                                                               
net increase  in costs  to the  Japanese government  agencies for                                                               
two  reasons.    The  first  reason is  that  without  studs  the                                                               
pavement requires  much greater surface applications  of salt and                                                               
sand.  They found it required  15 times the amount necessary than                                                               
when studded tires  were used.  This cost alone  was much greater                                                               
than the  savings in  implementing this ban.   The  second reason                                                               
they found is  that there is a much greater  incidence of injury-                                                               
and-death  accidents without  studded  tires on  Hokkaido.   This                                                               
caused an  added burden to the  state and the quality  of life to                                                               
the  people  of  Hokkaido.    The increase  was  2.2  times  more                                                               
injuries and deaths due to accidents.                                                                                           
                                                                                                                                
Number 2190                                                                                                                     
                                                                                                                                
MS.  ALESHIRE  told the  members  that  [Finland] has  restricted                                                               
studded   tire  use   that  is   similar  to   Alaska's  [current                                                               
regulations], but with  the added restriction of  stud weight and                                                               
the number  of studs per tire.   Their study has  projected costs                                                               
where stud  use declined  or was  prohibited, and  their findings                                                               
were  the same  as the  Japanese.   There was  a net  increase in                                                               
expense for the same reasons.                                                                                                   
                                                                                                                                
MS. ALESHIRE  commented that Washington state  and Oregon modeled                                                               
their  legislation   after  [Finland]  without   doing  extensive                                                               
accident research of their own.   She pointed out that Alaska has                                                               
done no  analysis of accident  data, so  it is difficult  to make                                                               
conclusions.   Ms. Aleshire  suggested to  the members  that they                                                               
model Alaska's statutes after those  of Finland or have Alaska do                                                               
research  on its  own.    She summarized  that  further study  is                                                               
necessary in  several areas  including what the  real cost  is in                                                               
pavement repair.                                                                                                                
                                                                                                                                
REPRESENTATIVE  KOHRING corrected  his  comment  earlier when  he                                                               
said that  this bill bans  studded tire use.   The bill  does not                                                               
ban studded tire  use.  He clarified his comments  by saying that                                                               
the tax  on studded tires may  have a the effect  of discouraging                                                               
use of studded tires due to the increased cost.                                                                                 
                                                                                                                                
CO-CHAIR HOLM responded  that Representative Kohring's conclusion                                                               
is  only an  assumption and  he is  not necessarily  in agreement                                                               
with it.  He  commented that every time he fills  up the gas tank                                                               
in  his  truck,  it  costs  $40.   He  said  that  he  would  not                                                               
jeopardize his children or grandchildren  by driving around in an                                                               
unsafe fashion.                                                                                                                 
                                                                                                                                
CO-CHAIR  HOLM reiterated  that  this does  not prohibit  studded                                                               
tire use and is simply a tax to repair the highways.                                                                            
                                                                                                                                
Number 2082                                                                                                                     
                                                                                                                                
KEVIN EASLEY,  Sales Manager, American  Tire Store,  testified in                                                               
opposition to  HB 173, and  answered questions from  the members.                                                               
He told the members that he  has heard the argument that studless                                                               
tires perform  as well as  studded tires  and said in  some cases                                                               
they do.  The  problem is that the cost of  studless tires is $40                                                               
to $60 higher  than the cost of the studded  tires.  The majority                                                               
of  the public  does not  buy [studless  tires] now  because they                                                               
cost a lot more and because  they are concerned with their safety                                                               
in  driving with  a  studless  tire.   He  pointed  out that  the                                                               
highways get  smoother with use  from the lack of  studded tires,                                                               
which makes roads more dangerous.   Mr. Easley mentioned the ruts                                                               
in the  roads and said  he is not  convinced that these  ruts are                                                               
caused from studded tires; he believes  they may be caused by the                                                               
regular high  traffic volume.   He  questioned whether  the state                                                               
has  done  any studies  on  this  and  explained that  there  are                                                               
examples of  road surfaces that  were surfaced in the  spring and                                                               
have ruts  in the  summertime, prior  to studded  tire use.   For                                                               
example,  Fifth Avenue  in  Anchorage  in 1997  or  1998 and  the                                                               
Seward Highway in  1999 to 2000 [were surfaced in  the spring and                                                               
had ruts in the summer], he said.                                                                                               
                                                                                                                                
MR. EASLEY  asked the members if  this bill is being  put through                                                               
as  a fee  so the  public cannot  vote on  it and  shoot it  down                                                               
because citizens do  not want new taxes.  In  closing, Mr. Easley                                                               
told the members that he is  all for preserving the roads, but to                                                               
have to charge  $88 for a snow-tire changeover is  absurd, and he                                                               
believes there  must be  another way.   He said  he has  a report                                                               
called  "The Options  Of Reducing  Stud  Related Pavement  Wear,"                                                               
dated  September  1996, by  the  Department  of Transportation  &                                                               
Public Facilities,  and told  the members  the findings  are very                                                               
interesting.   The state's own report  indicates that lightweight                                                               
studs  offers  the same  stopping  protection  as older,  heavier                                                               
studs  and lasts  just as  long.   Another finding  in the  study                                                               
shows  that requiring  the use  of the  lighter-weight studs  can                                                               
reduce  pavement wear  up  to  50 percent.    The  use of  stone,                                                               
asphalt, and concrete mix, which  contains a higher percentage of                                                               
course  aggregate,  can  reduce  wear  up to  25  percent  to  50                                                               
percent.                                                                                                                        
                                                                                                                                
CO-CHAIR HOLM  asked Mr. Easley if  he is in favor  or opposed to                                                               
the bill, and if he believes tires  will not sell if this bill is                                                               
passed.                                                                                                                         
                                                                                                                                
MR. EASLEY  responded that he  is not in favor  of the bill.   He                                                               
asked if this fee would be  charged every time a customer came in                                                               
to have his or her tires changed.                                                                                               
                                                                                                                                
CO-CHAIR HOLM clarified  that point, saying that the  fee is only                                                               
charged on new tires.                                                                                                           
                                                                                                                                
Number 1894                                                                                                                     
                                                                                                                                
BRYAN McMAHAN,  American Tire Warehouse, testified  in opposition                                                               
to HB 173.   He told the  members that he is opposed  to the bill                                                               
because he  believes it is  poorly written.   He said  he wonders                                                               
what  the point  of the  legislation is.   Mr.  McMahan told  the                                                               
members there  are conflicting  reports on  the extent  of damage                                                               
done by  studded tires on  the road  surfaces.  One  report shows                                                               
that the damage  is caused by snow-and-ice  removal vehicles that                                                               
are  equipped  with  steel  grader   blades  that  are  bouncing,                                                               
chipping, and sparking  as they move along.  He  said he believes                                                               
there are better  ways to raise money for the  state than to pass                                                               
laws that  unfairly penalize  a group of  vehicle owners  who are                                                               
trying to  equip their vehicles  so they  can drive as  safely as                                                               
possible.  He  recommended a $50 to $100 road-use  fee that could                                                               
be collected when the vehicle  is registered, with no exceptions.                                                               
He  suggested another  option: implement  a  statewide sales  tax                                                               
that  reaches all  consumers, military,  vacation travelers,  and                                                               
visitors.  Mr. McMahan told  the committee he believes the policy                                                               
of burdening  the business  and property owners  has gone  on too                                                               
long.  In  closing, he said he supports other  methods of revenue                                                               
generation, but not a studded tire fee.                                                                                         
                                                                                                                                
Number 1784                                                                                                                     
                                                                                                                                
JANENE SIKKINK, American Tire  Warehouse, testified in opposition                                                               
to HB 173.   Ms. Sikkink told the committee  she is testifying as                                                               
a lifelong  Alaskan, business owner,  homeowner, and  employee of                                                               
American  Tire Warehouse.   She  said she  is opposed  to HB  173                                                               
because she is  opposed to singling out one group  of citizens to                                                               
bear the burden of revenue collection.   Ms. Sikkink said the fee                                                               
is  way  too  high  and   not  proportional  to  an  individual's                                                               
purchase.  It  does not capture individuals who  bring in studded                                                               
tires on  their vehicles from other  states.  She said  since the                                                               
local, state, and  federal government is exempted  from this fee,                                                               
the  tax would  not reach  those  who are  creating the  greatest                                                               
damage to  the roadways.  Ms.  Sikkink pointed out that  this fee                                                               
in some  cases requires consumers  to pay up  to 25 percent  in a                                                               
tax for a  purchase to ensure their safety.   She said she agrees                                                               
with the  previous speaker that  a statewide sales tax  should be                                                               
levied at 2 percent or 3 percent.                                                                                               
                                                                                                                                
MS.  SIKKINK told  the members  that she  believes American  Tire                                                               
Warehouse will  be perceived negatively by  its customers because                                                               
it will  be forced  to collect  money [taxes].   She  pointed out                                                               
that the  $1,200 fee the  company would  be allowed to  keep each                                                               
year would  not account for  the lost  revenue in tire  sales and                                                               
studding, or  the loss of  goodwill from its customers.   Another                                                               
point she  wanted to make is  that some individuals will  put the                                                               
tires on themselves,  and in doing so incorrectly,  could cause a                                                               
lot of  accidents, raise the  cost of insurance, and  not achieve                                                               
what  the  committee  is  intending.    Ms.  Sikkink  closed  her                                                               
comments by saying she is opposed to HB 173.                                                                                    
                                                                                                                                
Number 1687                                                                                                                     
                                                                                                                                
JAMES  TEWALT  testified  in  opposition to  HB  173  because  he                                                               
believes it  is unfair.   He said  to put a  flat fee  on studded                                                               
tires with a price that can range  from $30 up to $170 means that                                                               
people who  can only  afford smaller economy  tires would  end up                                                               
paying a much higher percentage of  the fee.  He pointed out that                                                               
some people  will not purchase  studded tires, thereby  causing a                                                               
safety issue.   Another point,  he said, is  that if there  is $5                                                               
million  worth of  damage done  to roads,  then the  larger, more                                                               
expensive  tires  on  heavier vehicles  that  cause  more  damage                                                               
should require a higher fee.                                                                                                    
                                                                                                                                
Number 1635                                                                                                                     
                                                                                                                                
PIO  COTTINI testified  in opposition  to HB  173.   He told  the                                                               
members he believes  that roads that were paved in  the 1970s and                                                               
early 1980s need to be  looked at by Department of Transportation                                                               
& Public  Facilities to  determine the type  of asphalt  mix that                                                               
was  used.   For example,  he  said he  lives on  Bishop Road  in                                                               
Palmer; it  was paved in 1970,  and it was paved  with Venezuelan                                                               
oil, which was a very high-quality  oil for its asphalt.  He said                                                               
nowadays  the  [paving companies]  are  using  poor quality  oil.                                                               
Another example  is Knik-Goose Bay  [Road], which was  also paved                                                               
in the  1970s, and if the  members look at these  roads they will                                                               
see that after 30 years of use, they have minor rutting.                                                                        
                                                                                                                                
MR.  COTTINI pointed  out  that the  Palmer  Wasilla Highway  was                                                               
resurfaced this  summer and the  ruts are already  showing before                                                               
fall or before  studded tires have even driven on  the road.  Mr.                                                               
Cottini said  while this bill  may generate money for  the state,                                                               
he does  not believe  it is  fair to tax  the studded  tire users                                                               
because  they are  not  the total  cause of  [road  damage].   He                                                               
recommended  that  the  Department  of  Transportation  &  Public                                                               
Facilities chip up  the old roads, remelt it, and  reapply it, as                                                               
it may be a  better thing to do than to  put poor quality asphalt                                                               
and oil  back on the  roads.  Mr.  Cottini said he  believes that                                                               
the  Department   of  Transportation  &  Public   Facilities  has                                                               
weakened its  specifications so  much that  the asphalt  will not                                                               
hold up to either regular tires  or studded tires.  He summarized                                                               
that he believes the $10 fee per  tire is too much and that it is                                                               
unfair to penalize the studded tire users.                                                                                      
                                                                                                                                
REPRESENTATIVE   KOHRING  expressed   his   agreement  with   Mr.                                                               
Cottini's comments.  He said he  believes that there is a problem                                                               
with the  quality of  asphalt being  used on  the roadways.   The                                                               
Matanuska-Susitna  area  have many  roads  that  were paved  many                                                               
years ago,  and despite heavy use,  are still in good  shape.  He                                                               
reiterated  his belief  that  the committee  should  look at  the                                                               
quality of pavement  and not just blame the studs  for the damage                                                               
to the roads.                                                                                                                   
                                                                                                                                
Number 1485                                                                                                                     
                                                                                                                                
RICK   GILMORE,  Operations   Manager,   Johnson  Tire   Service,                                                               
testified in  opposition to  HB 173.   He  told the  members that                                                               
Johnson Tire  Service has six  stores in Alaska, and  Mr. Johnson                                                               
[the  owner]  is  opposed  to  this  bill.    He  reiterated  his                                                               
agreement  with comments  made by  the American  Tire [Warehouse]                                                               
representative on the use of  lightweight studs and the fact that                                                               
they do 50  percent less damage to the roads.   He explained that                                                               
Johnson Tire  Service has been voluntarily  using the lightweight                                                               
studs,  which  are 1.1  gram  or  less,  for  nine years  and  at                                                               
considerable  expensive to  the company.   Mr.  Tony Barter  from                                                               
Department of Transportation & Public  Facilities went to Finland                                                               
in the 1990s,  where he gained some very  valuable information on                                                               
how  much less  damage  the  lightweight studs  do  to the  roads                                                               
compared  with  conventional  steel  studs, he  commented.    Mr.                                                               
Gilmore expressed  his belief that  the bill is not  well thought                                                               
out.   He summarized his comments  by saying that if  the members                                                               
wanted to  do a tax,  they might consider  using a $2.50  fee for                                                               
every tire  that is sold  in Alaska in order  to make it  fair to                                                               
everyone.                                                                                                                       
                                                                                                                                
Number 1417                                                                                                                     
                                                                                                                                
MIKE STREDNY testified  in support of HB 173.   He explained that                                                               
he works  on the  roads, runs  a grader,  and sees  firsthand the                                                               
damage studded  tires do to the  roads.  Mr. Stredny  agreed with                                                               
the point  that was made  concerning the poor quality  of asphalt                                                               
being used  in surfacing roads.   He  pointed out that  Chena Hot                                                               
Springs Road  was widened just  a couple of  years ago and  is an                                                               
excellent  example because  the  lowest quality  of material  was                                                               
used in  that project, and the  road shows it.   Mr. Stredny said                                                               
he would support  a fee on studded tires, but  how that should be                                                               
done  is  unclear to  him  because  after hearing  testimony,  he                                                               
believes it is a lot more involved than he originally thought.                                                                  
                                                                                                                                
Number 1354                                                                                                                     
                                                                                                                                
DAVE SNYDER, Operator, Diversified  Tire, testified in opposition                                                               
to HB 173.   He told the members that he  testified at an earlier                                                               
meeting  [House  Transportation  Standing  Committee,  March  18,                                                               
2003] and  wanted to point  out that [George  Leaser, Maintenance                                                               
and Operations  Manager, Southcentral District,  Northern Region,                                                               
Department  of Transportation  &  Public  Facilities], who  spoke                                                               
right after  him, gave the  members incorrect information.   This                                                               
concerns  him, he  said, because  he is  hearing the  information                                                               
provided being repeated  as though it is accurate.   One point he                                                               
mentioned  about  a machine  that  tests  for studded  tire  wear                                                               
should not be considered accurate  because the machine is faulty.                                                               
Mr. Snyder  expressed his desire to  be a tire dealer,  not a tax                                                               
collector.  He  also questioned the notion that  $2 million would                                                               
be  raised by  implementing this  fee,  but he  said he  believes                                                               
there are a lot  of Alaskans out there that will  not pay the fee                                                               
and the  result will  be that  a lot of  people's safety  will be                                                               
jeopardized.                                                                                                                    
                                                                                                                                
Number 1259                                                                                                                     
                                                                                                                                
BRUNO WESSEL testified in opposition to  HB 173.  Mr. Wessel told                                                               
the  committee that  he has  been in  the tire-studding  business                                                               
since  its inception  in  the  late 1960s,  is  a  member of  the                                                               
National  Safety Council,  and participated  in the  Scandinavian                                                               
Tire Organization.   He said the reason he is  opposed to the tax                                                               
is that  it will reduce the  use of studded tires  for people who                                                               
really  need them.   Contrary  to comments  made earlier,  Canada                                                               
does not have a ban on  studded tires; Ontario does, but in every                                                               
other province it is allowed, he  said.  He also pointed out that                                                               
most states in the snowbelt allow  studded tires.  There are four                                                               
states  that  ban  [studded  tire   use],  which  are  Wisconsin,                                                               
Minnesota, Michigan, and Illinois.   He commented that it is very                                                               
misleading  to say  20  states ban  studded  tires, because  this                                                               
count includes  states like Hawaii  and Florida, where it  is not                                                               
even possible to buy a snow tire.                                                                                               
                                                                                                                                
MR. WESSEL  explained that VTI  stands for the  [Swedish National                                                               
Road  and  Transport  Research  Institute],  and  VTT  [Technical                                                               
Research  Centre  of  Finland]   is  a  similar  organization  in                                                               
Finland.  He said that those  are two branches that he has worked                                                               
with  extensively on  the  studded  tire issue  for  the last  20                                                               
years.   There is  a conclusion  that there  is a  roadwear issue                                                               
that  is associated  with studded  tires;  however, roadwear  has                                                               
been  reduced by  over 75  percent  in the  last 20  years.   The                                                               
reason for  this improvement is  a combination  of lighter-weight                                                               
studs,  radial-ply tires,  lower-weight  vehicles, lower  speeds,                                                               
and that  the highway departments  are using a better  quality of                                                               
asphalt for paving.                                                                                                             
                                                                                                                                
MR.  WESSEL told  the members  that the  most important  issue is                                                               
that  studded  tires  are  nothing  more  than  a  safety  issue.                                                               
Studded tires  offer a benefit  to winter driving.   He addressed                                                               
the comment that there is only ice  on the roads 6 percent of the                                                               
time; however,  90 percent of  the accidents occur during  that 6                                                               
percent of  the time.  He  summarized by saying that  some of the                                                               
percentages and  figures can  be very misleading.   He  said that                                                               
two recent  studies, one done  in Sweden and another  in Finland,                                                               
both confirm  that reduced studded-tire use  results in increased                                                               
numbers of  accidents and fatalities  in the winter.   Mr. Wessel                                                               
expressed his  aversion in being associated  with any legislation                                                               
that would deprive  some soccer mom of the  best possible product                                                               
to  drive on,  and said  there is  nothing that  replaces studded                                                               
tires with respect to safety and traction.                                                                                      
                                                                                                                                
CO-CHAIR HOLM  assured Mr.  Wessel that this  bill would  not ban                                                               
studded tires, but would place a tax on the use of them.                                                                        
                                                                                                                                
MR.  WESSEL  commented that  there  are  many people  who  cannot                                                               
afford to pay the tax.                                                                                                          
                                                                                                                                
Number 0987                                                                                                                     
                                                                                                                                
WILLIAM   A.  CORBUS,   Commissioner,   Department  of   Revenue,                                                               
testified on  HB 173,  and answered  questions from  the members.                                                               
He told the  members that he has reviewed  the proposed committee                                                               
substitute  and   is  satisfied   that  it  addresses   both  the                                                               
governor's  intent  and  the  necessary  changes  to  enable  the                                                               
Department  of   Revenue  to  efficiently  administer   the  fee.                                                               
Commissioner Corbus  told the members  that HB 173 is  a critical                                                               
and  necessary  element  of the  governor's  overall  budget  and                                                               
investment  plan for  FY04.   He said  that Governor  Murkowski's                                                               
primary  mission  is  to  build a  robust,  growing  economy  and                                                               
generate sufficient  state revenue to fund  programs and services                                                               
that  Alaskans need  and  expect.   This  bill  will help  ensure                                                               
increased  state  revenues and  may  prevent  the elimination  or                                                               
diminution   of   other    important   programs   and   services.                                                               
Commissioner Corbus  explained that  a $10  fee for  each studded                                                               
tire sold  in Alaska  beginning July 1,  2003, would  be charged;                                                               
businesses,  tire  dealers,  service stations,  garages,  and  so                                                               
forth,  would file  monthly  reports of  studded  tire sales  and                                                               
remit the fees to the Department of Revenue.                                                                                    
                                                                                                                                
COMMISSIONER CORBUS went on to  say the additional revenue to the                                                               
State  of Alaska  would be  approximately  $2,000,000.   Although                                                               
Alaskan  businesses will  be required  to collect  and remit  the                                                               
fees, this  legislation allows a  studded tire sellers  to retain                                                               
their administrative  costs up to  5 percent, not  exceeding $300                                                               
per month.   Commissioner Corbus said he  believes this allowance                                                               
is fair.   He concluded his  comments by saying that  the minimum                                                               
fee of  $10 per studded  tire is  necessary and essential  to the                                                               
governor's spending and investment plan  for Alaska.  He said the                                                               
Department  of Revenue  can and  will efficiently  administer the                                                               
fee as discussed  in the department's fiscal  note.  Commissioner                                                               
Corbus  urged the  members to  pass the  bill from  the committee                                                               
today for its enactment this session.                                                                                           
                                                                                                                                
REPRESENTATIVE   FATE   asked    Commissioner   Corbus   if   the                                                               
administration has  looked at  the impact  of charging  a smaller                                                               
fee per  studded tire, rather than  on each tire at  the point of                                                               
sale.                                                                                                                           
                                                                                                                                
COMMISSIONER CORBUS responded that  the Department of Revenue has                                                               
not  looked  at  that.    He suggested  that  the  Department  of                                                               
Transportation & Public  Facilities may be better  able to answer                                                               
the question.                                                                                                                   
                                                                                                                                
REPRESENTATIVE FATE clarified his  question by saying that during                                                               
testimony there was  a suggestion that a reduced  fee per studded                                                               
tire be  charged when installed, rather  than just at a  point of                                                               
sale.   He said he does  not want to impair  Alaskans' ability to                                                               
buy studded tires.                                                                                                              
                                                                                                                                
Number 0674                                                                                                                     
                                                                                                                                
JOHN  MacKINNON,   Deputy  Commissioner  of  Highways   &  Public                                                               
Facilities,  Department of  Transportation  & Public  Facilities,                                                               
testified on HB 173 and answered  questions from the members.  He                                                               
requested further clarification by asking  if the question is the                                                               
effectiveness of  charging a $2.50  fee every time  studded tires                                                               
are installed on a vehicle.                                                                                                     
                                                                                                                                
REPRESENTATIVE FATE asked if there  had been any studies on using                                                               
a small  fee per studded tire  instead of the $10  fee that would                                                               
be imposed at the point of sale.                                                                                                
                                                                                                                                
MR.  MacKINNON responded  that it  becomes a  practical issue  on                                                               
collecting [the  fee].  He  pointed out  that it is  difficult to                                                               
evade paying the fee  when studs are installed in a  tire.  It is                                                               
difficult for  individuals to install  studs in their  own garage                                                               
because it  takes particularly  specialized equipment.   However,                                                               
individuals can install their own  tires when the tire is already                                                               
on rims;  then it  is just a  matter of taking  one tire  off and                                                               
putting  the  other tire  on.    It  would  be a  very  difficult                                                               
mechanism to put  a fee in place to collect  every time studs are                                                               
put on a vehicle.                                                                                                               
                                                                                                                                
REPRESENTATIVE FATE commented that he  was just informed that the                                                               
speaker  who  mentioned  a  reduced  fee  [$2.50  per  tire]  was                                                               
referring  to all  tires, not  just studded  tires.   He said  he                                                               
believes  that  people would  be  willing  to  pay a  small  fee.                                                               
Representative Fate  said he believes  collecting the  fees would                                                               
not  be difficult,  but  setting  up the  process  might be  more                                                               
difficult.  He told the committee  he believes that there has not                                                               
been any evaluation of a lower fee on tires.                                                                                    
                                                                                                                                
CO-CHAIR HOLM  noted there  are two types  of studs,  steel studs                                                               
and lightweight  studs.  He  asked if  it is possible  that those                                                               
who  produce   or  install  the   studs  will  change   from  the                                                               
lightweight studs  to the steel  studs because of  the additional                                                               
fee.                                                                                                                            
                                                                                                                                
MR.  MacKINNON replied  that as  he  understands it,  lightweight                                                               
studs are  more expensive  to buy  than the  heavy-weight [steel]                                                               
studs.  He said he doubted  that would happen because of the cost                                                               
factor.    One of  the  major  tire  dealers  in the  state  uses                                                               
lighter-weight studs because they believe  it is a better product                                                               
and less damaging to the roads.                                                                                                 
                                                                                                                                
CO-CHAIR HOLM  commented that in  1999, Co-Chair Masek had  had a                                                               
bill  that   would  require  tire   manufacturers  to   use  only                                                               
lightweight studs.  He asked if  that bill would be beneficial to                                                               
the program.                                                                                                                    
                                                                                                                                
MR. MacKINNON responded that would  help, because it would reduce                                                               
the tire  wear on the highways  to a small degree.   He explained                                                               
that studded tire wear is a  function of velocity or speed of the                                                               
vehicle and weight  of the vehicle.  On  higher-speed roads where                                                               
there is  typically more vehicle  traffic, there is  much greater                                                               
wear.   Mr. MacKinnon added that  the other bill would  help, but                                                               
this bill  actually provides revenue  to the state to  offset the                                                               
cost of the damage done to roads.                                                                                               
                                                                                                                                
Number 0356                                                                                                                     
                                                                                                                                
REPRESENTATIVE   KOHRING  expressed   his  appreciation   of  the                                                               
administration's  efforts   to  raise   money,  even   though  he                                                               
disagrees with  this as  a tax  issue.  He  said he  is concerned                                                               
about the  administration's efforts to implement  taxes when last                                                               
fall   there   were   campaign   pledges   of   no   new   taxes.                                                               
Representative Kohring said he will  work with the administration                                                               
to cut bureaucracy in other areas.                                                                                              
                                                                                                                                
REPRESENTATIVE  OGG asked  about the  language in  the bill  that                                                               
refers to exempting local, state,  and federal agencies from this                                                               
fee.  He  asked if this is a statutory  requirement, and he asked                                                               
why the federal government is  included in the exemption [page 2,                                                               
lines 5-6].                                                                                                                     
                                                                                                                                
COMMISSIONER  CORBUS  responded  that one  branch  of  government                                                               
cannot tax another branch of government.                                                                                        
                                                                                                                                
Number 0154                                                                                                                     
                                                                                                                                
CO-CHAIR HOLM announced that public  testimony is closed, and the                                                               
bill  will  be   held  until  the  next  meeting   of  the  House                                                               
Transportation Standing Committee.                                                                                              

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