Legislature(2019 - 2020)SENATE FINANCE 532

02/21/2020 09:00 AM Senate FINANCE

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09:02:32 AM Start
09:03:00 AM SB115
09:45:11 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
<Bill Hearing Canceled>
Moved CSSB 115(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 21, 2020                                                                                          
                         9:02 a.m.                                                                                              
9:02:32 AM                                                                                                                    
CALL TO ORDER                                                                                                                 
Co-Chair von Imhof called the Senate Finance Committee                                                                          
meeting to order at 9:02 a.m.                                                                                                   
MEMBERS PRESENT                                                                                                               
Senator Natasha von Imhof, Co-Chair                                                                                             
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Click Bishop                                                                                                            
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator David Wilson                                                                                                            
MEMBERS ABSENT                                                                                                                
ALSO PRESENT                                                                                                                  
Darwin  Peterson,  Staff  to Senator  Bishop;  Mary  Siroky,                                                                    
Deputy  Commissioner,   Department  of   Transportation  and                                                                    
Public  Facilities;  Brandon  Spanos, Deputy  Director,  Tax                                                                    
Division, Department of Revenue.                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
Joanne Olsen, Interim Director, Division of Motor Vehicles,                                                                     
Department of Administration.                                                                                                   
SB 115    MOTOR FUEL TAX                                                                                                        
          CSSB 115(FIN)  was REPORTED out of  committee with                                                                    
          three   "do  pass"   recommendations,  three   "no                                                                    
          recommendation"   recommendations,  one   "do  not                                                                    
          pass"  recommendation  and  with  two  new  fiscal                                                                    
          impact notes  from the  Department of  Revenue and                                                                    
          the Department of Administration  and one new zero                                                                    
          note from the Department of Transportation and                                                                        
          Public Facilities.                                                                                                    
SENATE BILL NO. 115                                                                                                           
     "An Act relating  to the motor fuel  tax; and providing                                                                    
     for an effective date."                                                                                                    
9:03:00 AM                                                                                                                    
Co-Chair von  Imhof explained that  the committee  had heard                                                                    
the  bill  on  February  3rd, 2020;  and  had  taken  public                                                                    
testimony  and  reviewed  the  fiscal  notes.  There  was  a                                                                    
committee    substitute    (CS)    for    the    committee's                                                                    
DARWIN  PETERSON, STAFF  TO  SENATOR  BISHOP, addressed  the                                                                    
presentation "Senate  Bill 115  - Motor  Fuel Tax"  (copy on                                                                    
file). He stated he would highlight the changes in the CS.                                                                      
Mr.  Peterson   advanced  to  slide  5,   "Electric  Vehicle                                                                    
Registration Fee":                                                                                                              
     Electric Vehicle   a vehicle  that is powered solely by                                                                    
     an  electric motor  drawing  current from  rechargeable                                                                    
     batteries,  fuel cells  or  other  portable sources  of                                                                    
     electrical current  and manufactured primarily  for use                                                                    
     on public streets, roads and highways.                                                                                     
     ?  Biennial registration  fee  increases  from $100  to                                                                    
     ?  Collected  by the  Division  of  Motor Vehicles  and                                                                    
     deposited into the highway maintenance fund                                                                                
     ? Approximately 600+ in Alaska                                                                                             
     Plug-In Hybrid Vehicle    a vehicle that  is capable of                                                                    
     using gasoline,  diesel fuel,  or alternative  fuel and                                                                    
     is  powered  in  part  by  electrical  energy  using  a                                                                    
     battery storage system capable  of being recharged from                                                                    
     an  external  source  of electricity  and  manufactured                                                                    
     primarily  for   use  on  public  streets,   roads  and                                                                    
     ?  Biennial registration  fee  increases  from $100  to                                                                    
     ?  Collected  by the  Division  of  Motor Vehicles  and                                                                    
     deposited into the highway maintenance fund                                                                                
     ? Approximately 300+ in Alaska                                                                                             
Mr.  Peterson  noted  that  in  previous  testimony  he  had                                                                    
estimated  that  there  were 28,000  electric  vehicles  and                                                                    
hybrids in the state. The  number had come from the Division                                                                    
of  Motor  Vehicles  (DMV)  the  previous  year.  After  his                                                                    
testimony he  had learned from utilities  companies that had                                                                    
hired consultants  to determine  the number of  vehicles and                                                                    
the number  from DMV  had been hugely  exaggerated due  to a                                                                    
lack of  specificity in  reporting. The  numbers on  slide 5                                                                    
had come  from Chugach Electric,  which had hired  a private                                                                    
consultant.  The   fiscal  note   from  the   Department  of                                                                    
Administration, DMV  had estimated  there were  675 electric                                                                    
vehicles in the state.                                                                                                          
9:07:15 AM                                                                                                                    
Mr. Peterson continued  to address slide 5.  In total, there                                                                    
were about  1,000 vehicles  for the  additional registration                                                                    
fee, which  would generate a  total of just  under $100,000.                                                                    
He thought the number of  vehicles that qualified would only                                                                    
increase  in the  future. He  noted  that there  had been  a                                                                    
letter  submitted to  the committee  by the  Juneau Electric                                                                    
Vehicle  Association (copy  on file).  The letter  expressed                                                                    
support  for the  legislation and  found  that the  proposed                                                                    
fees  were "fair"  since the  plug-in hybrid  and electrical                                                                    
vehicle users would not be contributing through a fuel tax.                                                                     
9:09:10 AM                                                                                                                    
Mr.  Peterson  referenced  slide  6,  "Comparison  to  Other                                                                    
     Alaska has the lowest tax rate on highway fuel and                                                                         
     marine fuel of any state (in most states, the marine                                                                       
     rate is the same as the highway rate).                                                                                     
     With passage of SB 115, Alaska would remain well below                                                                     
     the national average moving from 50th to 41st in                                                                           
     comparison to other states.                                                                                                
     Alaska currently has a more competitive ranking among                                                                      
     other states for jet fuel (36th) and aviation fuel                                                                         
9:09:50 AM                                                                                                                    
Mr.  Peterson  showed  slide  7,   "State  Motor  Fuels  Tax                                                                    
Comparison," which  showed a  bar graph  with data  from the                                                                    
American  Petroleum Institute.  He  noted that  there was  a                                                                    
larger copy  of the bar  graph in members' packets.  The bar                                                                    
graph showed  what taxes  were collected  for motor  fuel in                                                                    
all states; including base excise  taxes, other fees imposed                                                                    
by the  state, and  local taxes. He  summarized that  on the                                                                    
graph, with  the change  in SB 117,  Alaska would  rank 41st                                                                    
for total taxes collected.                                                                                                      
Mr. Peterson continued to address  the bar graph on slide 7.                                                                    
He noted  that the orange  portion of the bars  showed other                                                                    
fees  and taxes  but  did  not include  the  18.4 cents  per                                                                    
gallon  federal excise  tax  in all  states.  He noted  that                                                                    
Alaska's current  tax rate  was shown on  the far  left. The                                                                    
amount included  the base tax  plus the .95 cent  per gallon                                                                    
refined  fuel  surcharge.  The other  taxes  in  orange  for                                                                    
Alaska  included a  1.1 percent  weighted average  sales tax                                                                    
for all  cities and  boroughs. With the  passage of  SB 115,                                                                    
Alaska would rank 41 out of 50.                                                                                                 
Mr.  Peterson explained  that  Section  1 of  the  CS had  a                                                                    
definition   of  electric   and  plug-in   hybrid  vehicles.                                                                    
Additionally,   the  section   had  set   a  $100   biannual                                                                    
registration fee  for electric  vehicles and  a $50  fee for                                                                    
hybrids.  The section  also  clarified  that the  additional                                                                    
funds would  be deposited into the  special highway account.                                                                    
He addressed  Section 2  of the  bill, which  was conforming                                                                    
language.  Currently   in  state   law  there   was  special                                                                    
individual traction  permit, which  anyone could  apply for,                                                                    
which  would allow  for  a  person to  use  chains or  studs                                                                    
beyond the allowable  window of September 15  through May 1.                                                                    
Current statute  charged a  permit fee  of one-third  of the                                                                    
registration  cost.   Section  2  excluded   the  additional                                                                    
registration fee if paying  the one-third special individual                                                                    
traction permit fee.                                                                                                            
9:13:05 AM                                                                                                                    
Senator Wilson  asked if  any other  states were  similar to                                                                    
Alaska in having a narrower scope for the funding.                                                                              
Mr. Peterson  did not  know what other  states did  with the                                                                    
funding  specifically.  He  knew   many  other  states  were                                                                    
charging   additional   registration   fees   for   electric                                                                    
Senator Wilson  asked if there were  additional registration                                                                    
fees for automobiles that used natural gas.                                                                                     
Mr.  Peterson   stated  that  there   was  nothing   in  the                                                                    
legislation  that  would  capture  a  vehicle  that  ran  on                                                                    
natural gas. If there was a  vehicle that ran on natural gas                                                                    
and electricity, it would fall under the bill.                                                                                  
Senator Olson  could see the  reason for the  proposed Motor                                                                    
Fuels  Tax, but  he  thought  the tax  could  be  seen as  a                                                                    
disincentive  for  ecological  efforts  and  a  penalty  for                                                                    
people trying to improve the environment.                                                                                       
Mr. Peterson  stated that the  sponsor had taken  the matter                                                                    
under consideration and had not  wanted to penalize electric                                                                    
vehicle owners.  He had learned that  electric vehicles were                                                                    
heavier  than those  with internal  combustion engines,  and                                                                    
thereby caused more wear and  tear on the road. He explained                                                                    
that under the  bill a driver of an  internal combustion car                                                                    
would pay from  $100 to $114 per year in  gas taxes, while a                                                                    
driver of  an electric vehicle  would pay a  registration of                                                                    
$50  per year.  He explained  that the  sponsor thought  the                                                                    
amount was  fair. He referenced  the letter from  the Juneau                                                                    
Electric Vehicle  Association, which indicated  the majority                                                                    
of the members agreed they should contribute something.                                                                         
9:16:52 AM                                                                                                                    
Co-Chair Stedman had a couple  of concerns. He wanted to see                                                                    
projected   differences  in   marine  fuel   consumption  in                                                                    
dollars.  He  suggested that  if  the  Motor Fuels  Tax  was                                                                    
imposed and  future budgets were reduced,  other funds would                                                                    
be   supplanted.  He   referenced  general   maintenance  of                                                                    
potholes.  He suggested  a  tax on  marine  fuel could  fund                                                                    
construction of harbors. He wanted  to ensure a net increase                                                                    
for the  Department of Transportation and  Public Facilities                                                                    
(DOT) maintenance.                                                                                                              
Co-Chair von Imhof asked if  Co-Chair Stedman had a question                                                                    
or had made a comment.                                                                                                          
Co-Chair Stedman  clarified that his question  was about the                                                                    
dollars to be generated by the  passage of the bill, and how                                                                    
to ensure there was a net increase in maintenance funds.                                                                        
Senator Bishop suggested asking DOT.                                                                                            
9:19:24 AM                                                                                                                    
Co-Chair  von Imhof  addressed  Co-Chair Stedman's  comment,                                                                    
and did  not think  that the  committee could  guarantee any                                                                    
action of  a future  legislature. She thought  the committee                                                                    
could provide intent only. She  thought if the funds went to                                                                    
the General Fund,  there was nothing the  committee could do                                                                    
about the choices  of future legislators. She  asked how far                                                                    
the legislature could go to put the funds towards potholes.                                                                     
MARY    SIROKY,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                    
TRANSPORTATION AND PUBLIC FACILITIES,  stated that DOT would                                                                    
take any funds  directed to the agency.  She recognized that                                                                    
DOT had done  things to make the agency  more efficient. She                                                                    
referenced the current heavy snow  year and acknowledged the                                                                    
challenge  faced   by  the  agency.  She   stated  that  the                                                                    
department  would   spend  any  funds  as   effectively  and                                                                    
efficiently as possible.                                                                                                        
Co-Chair Stedman  thought that  a year previously,  the bill                                                                    
was a  net neutral and  would not constitute an  increase in                                                                    
the DOT  budget. He asked what  steps DOT would take  in its                                                                    
budget submissions  to the governor and  then legislature to                                                                    
ensure  the tax  was  a net  increase  towards badly  needed                                                                    
Ms. Siroky  stated that the department  would take direction                                                                    
from  the  fiscal note  associated  with  the bill  when  it                                                                    
passed. She continued that if  there was no reduction in the                                                                    
department's General Fund funding  and there was an increase                                                                    
in  the Motor  Fuel  Tax receipts  it  received, the  agency                                                                    
would start the next budget utilizing the numbers.                                                                              
9:22:58 AM                                                                                                                    
Senator  Wilson questioned  how  to  guarantee how  potholes                                                                    
would  be   repaired  and  maintenance  stations   would  be                                                                    
reopened or  extended. He questioned  how DOT  would utilize                                                                    
the funds  to the best  interest of the state.  He commented                                                                    
that his  district most likely  had the most road  miles and                                                                    
commuters in the state. He  pondered how the Motor Fuels Tax                                                                    
funds  would   be  used  for   his  district   versus  other                                                                    
districts. He considered  that the tax was a  user base fee.                                                                    
He  asked how  DOT would  use  the fees  to enhance  current                                                                    
operations, and how would DOT  guarantee that the additional                                                                    
funds were a new baseline.                                                                                                      
Ms.   Siroky  reminded   that   the   legislature  was   the                                                                    
appropriating  body. The  department  could guarantee  using                                                                    
the  funds  as  efficiently  as possible.  If  DOT  received                                                                    
additional  Motor  Fuel  Tax funds,  commensurate  with  the                                                                    
unrealized  Motor  Fuel  Taxes  currently  existing  in  the                                                                    
budget,  the department  would use  the  funds to  reinstate                                                                    
items  that were  closed  the previous  year  due to  budget                                                                    
cuts. If  further funds were received,  the department would                                                                    
reopen maintenance stations,  purchase additional equipment,                                                                    
and move  maintenance positions  around. She  explained that                                                                    
DOT  tried  to balance  maintenance  funds  among the  three                                                                    
regions    and    acknowledged    the    vastly    different                                                                    
transportation needs in the different regions of the state.                                                                     
9:26:16 AM                                                                                                                    
Senator  Wilson thought  the previous  year the  legislature                                                                    
had funded  DOT to capacity,  but there had  been additional                                                                    
decisions  that  had  been  made to  reduce  funds  such  as                                                                    
shutting  off  lights  on  the  Glenn  Highway  and  closing                                                                    
maintenance stations.  He wanted to ensure  that the funding                                                                    
was a new baseline rather than supplemental funds.                                                                              
Co-Chair  von   Imhof  referenced  a  presentation   by  the                                                                    
Department of  Administration the  previous Monday  that had                                                                    
shown labor costs among  the different negotiated contracts.                                                                    
She  commented  that  there were  embedded  costs  in  every                                                                    
department, and DOT had a  large employee count. She thought                                                                    
with  increased  labor  costs, healthcare,  and  a  cost-of-                                                                    
living increase; there  was a risk that  any additional fund                                                                    
from the  proposed tax  would be  absorbed by  labor without                                                                    
additional maintenance being addressed.                                                                                         
Ms.  Siroky  acknowledged  that   the  department  did  have                                                                    
annually increasing costs in its  budget yet did not receive                                                                    
the  commensurate funding  increase  in appropriations.  She                                                                    
recalled  that   the  previous  year,  the   department  had                                                                    
communicated to  the finance committees that  the Motor Fuel                                                                    
Tax  receipts that  were appropriated  were unrealizable  in                                                                    
the amount of approximately  $1.2 million. She recalled that                                                                    
the  department had  requested the  General  Funds, and  the                                                                    
final  budget had  the authority  but not  the dollars.  The                                                                    
department  had  been  forced   to  reduce  maintenance  and                                                                    
operation  activities to  spend within  the funds  that were                                                                    
received. The  department had reduced lighting  in a variety                                                                    
of areas.  She noted that  very few people had been affected                                                                    
by the lighting change.                                                                                                         
9:29:35 AM                                                                                                                    
Senator  Hoffman asked  about  the  department's number  one                                                                    
priority  that  was  not  funded in  the  governor's  FY  21                                                                    
Ms.  Siroky stated  that  the  department had  conversations                                                                    
with  the governor's  office  that ranged  from  a lot  more                                                                    
funding to  the funding  that it  had actually  received. In                                                                    
such discussions,  the department  was cognizant  that there                                                                    
were budget  limitations in matching expenses  with revenue.                                                                    
The department  was always clear  that it had  ongoing needs                                                                    
for  funding for  maintenance and  operation of  ferries and                                                                    
highways. She did not think  the department's existing needs                                                                    
were new to any administration.                                                                                                 
Senator  Hoffman asked  if the  request  was for  additional                                                                    
personnel, more  equipment, or  more material  for potholes.                                                                    
He  explained that  members represented  constituencies, and                                                                    
the department  submitted requests to the  governor that may                                                                    
or may not  reflect the priorities of the  committee. He was                                                                    
trying  to determine  the priorities  of the  department. He                                                                    
asked where  the department might  direct an  additional $10                                                                    
Ms.  Siroky  stated  the  department's  first  priority  was                                                                    
safety,  so it  would spend  additional funds  on activities                                                                    
that  would increase  the safety  of the  travelling public.                                                                    
She  anticipated that  in the  current  year any  additional                                                                    
funds  would go  towards increased  snow removal  activities                                                                    
that had  been reduced over  time. The department  would put                                                                    
any additional funds into roads, people, and airports.                                                                          
9:32:43 AM                                                                                                                    
Senator  Wielechowski asked  if the  governor supported  the                                                                    
Ms.   Siroky    stated   that    as   with    all   previous                                                                    
administrations, the  governor had  never made  a commitment                                                                    
on a bill until a final version had passed.                                                                                     
Senator  Wielechowski asked  if the  governor supported  the                                                                    
current version of the bill.                                                                                                    
Ms. Siroky stated that the department had not asked.                                                                            
Senator  Wielechowski asked  if  Ms. Siroky  thought it  was                                                                    
important to  ascertain if her  boss supported the  bill. He                                                                    
asked if Ms. Siroky supported the bill.                                                                                         
Ms.  Siroky stated  that the  department had  been providing                                                                    
Senator  Bishop's   office  with  as  much   information  as                                                                    
Co-Chair Stedman noted  for the public that  some bills were                                                                    
supported by  governors, and  some were  not. He  thought it                                                                    
was not uncommon for any  governor to support or not support                                                                    
9:34:22 AM                                                                                                                    
Senator Wielechowski  asked if  Ms. Siroky would  advise the                                                                    
governor that the  bill was good policy and  the funds would                                                                    
be put to good use if the bill was to pass.                                                                                     
Ms. Siroky noted that the  department's fiscal note had been                                                                    
approved  by  the governor's  office;  and  she thought  the                                                                    
approval  spoke  to  the fact  that  the  governor's  office                                                                    
understood how  the department would  spend the money  if it                                                                    
was appropriated.                                                                                                               
Senator  Bishop mentioned  that there  were problems  beyond                                                                    
potholes such  as very deteriorated  roads. He  thought that                                                                    
problems  started  with  potholes  and  resulted  in  larger                                                                    
problems.  He  emphasized  that   the  legislature  was  the                                                                    
appropriating body.                                                                                                             
Co-Chair   Stedman  MOVED   to   ADOPT  proposed   committee                                                                    
substitute  for  SB  115, Work  Draft  31-LS0895\K  (Nauman,                                                                    
2/18/20). There being NO OBJECTION, it was so ordered.                                                                          
Co-Chair von  Imhof discussed the fiscal  notes. She relayed                                                                    
that here  would be no  change to  the new fiscal  note from                                                                    
the Department  of Revenue.   She detailed that  the $50,000                                                                    
in FY 21  capital costs would be zeroed out  as discussed in                                                                    
the  previous  bill  hearing.  There   was  a  $1.7  million                                                                    
Unrestricted General  Fund (UGF) increment in  the operating                                                                    
budget  for  the  tax  revenue  management  system  and  the                                                                    
department verified  on record that the  capital funds would                                                                    
not be needed if the UGF funds were approved.                                                                                   
Co-Chair von  Imhof mentioned a  draft fiscal note  from the                                                                    
Department  of  Administration  Division of  Motor  Vehicles                                                                    
9:37:31 AM                                                                                                                    
AT EASE                                                                                                                         
9:40:28 AM                                                                                                                    
Co-Chair von Imhof relayed that  the director of the DMV was                                                                    
present to address the fiscal note.                                                                                             
9:41:00 AM                                                                                                                    
JOANNE OLSEN, INTERIM DIRECTOR,  DIVISION OF MOTOR VEHICLES,                                                                    
DEPARTMENT    OF   ADMINISTRATION    (via   teleconference),                                                                    
explained that the  division did not track  fuel sources and                                                                    
had  to do  research  to determine  the  number of  electric                                                                    
vehicles.  The  division  had  come up  with  a  number  for                                                                    
electric vehicles  of 675;  but by looking  at the  make and                                                                    
model  a  variance  was  observed.  She  estimated  that  10                                                                    
percent  of the  quantity denoted  plug-in hybrid  vehicles;                                                                    
and  noted   that  there  was  a   discrepancy  between  the                                                                    
division's report and that of the Department of Revenue.                                                                        
Co-Chair  von Imhof  remarked on  a  $59.9 thousand  dollars                                                                    
change in  General Fund revenues  shown on the  fiscal note.                                                                    
She asked if  the amount was correct or if  Ms. Olsen wanted                                                                    
to comment on the revenue change.                                                                                               
Ms.  Olsen explained  that what  she submitted  for electric                                                                    
vehicles  was correct,  but the  division had  estimated the                                                                    
number for hybrid vehicles.                                                                                                     
Co-Chair  von   Imhof  addressed  a  fiscal   note  for  the                                                                    
Department of Revenue, OMB Component 2476.                                                                                      
9:43:05 AM                                                                                                                    
BRANDON  SPANOS, DEPUTY  DIRECTOR, TAX  DIVISION, DEPARTMENT                                                                    
OF  REVENUE, addressed  the fiscal  note from  Department of                                                                    
Revenue.  He  relayed  that the  fiscal  noted  added  $33.8                                                                    
million.  He  specified that  there  was  a mistake  on  the                                                                    
fiscal  note, and  the funds  should  be Designated  General                                                                    
Funds rather than  UGF. All the funds for  the four specific                                                                    
fuel types  were deposited  into a  special fund  within the                                                                    
General Fund  that were designated  and may  be appropriated                                                                    
for use at airports or on highways.                                                                                             
Co-Chair  von Imhof  thought the  funds  were already  being                                                                    
designated and would continue to be used in the same way.                                                                       
Co-Chair  Stedman  MOVED  to report  CSSB  115(FIN)  out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
CSSB 115(FIN) was  REPORTED out of committee  with three "do                                                                    
pass"    recommendations,    three    "no    recommendation"                                                                    
recommendations, one  "do not pass" recommendation  and with                                                                    
two new fiscal  impact notes from the  Department of Revenue                                                                    
and the Department  of Administration and one  new zero note                                                                    
from   the   Department   of   Transportation   and   Public                                                                    
Co-Chair  von  Imhof  discussed  the  agenda  for  the  next                                                                    
committee meeting.                                                                                                              
9:45:11 AM                                                                                                                    
The meeting was adjourned at 9:45 a.m.                                                                                          

Document Name Date/Time Subjects
SB 115 Public Testimony Churchill.pdf SFIN 2/21/2020 9:00:00 AM
SB 115
SB 115 Power Point 022020 .pdf SFIN 2/21/2020 9:00:00 AM
SB 115
SB 115 ver. K Sectional Analysis 2.19.20.pdf SFIN 2/21/2020 9:00:00 AM
SB 115
SB 115 DOR Response to SFC 2.15.2020.pdf SFIN 2/21/2020 9:00:00 AM
SB 115
SB 115 Work Draft v. K 2.18.2020.pdf SFIN 2/21/2020 9:00:00 AM
SB 115
SB 115 Public Testimony JEVA.pdf SFIN 2/21/2020 9:00:00 AM
SB 115