Legislature(2007 - 2008)BELTZ 211
03/14/2007 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB78 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 78 | TELECONFERENCED | |
| += | SB 89 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 64 | ||
SB 78-MOTOR VEHICLE WINDOW TINTING
2:33:43 PM
CHAIR FRENCH announced the consideration of SB 78. He read
sponsor statement into the record as follows:
Illegally tinted windows cause a number of safety
concerns in Alaska's local communities. The dark tints
create a danger for peace officers who approach
vehicles as they can completely block any view of the
driver and passengers. In addition, these tints deny
pedestrians, bikers and motorcyclists the opportunity
to confirm they have been seen by a driver when
meeting in an intersection or sharing a roadway.
Currently it is illegal for a vehicle to be on
Alaska's roadways if the window tinting allows less
than thirty percent of the light to transmit through
the glass. However, it is not illegal for higher
levels of tinting to be installed by auto detailing
shops and similar businesses.
SB 78 would close this loophole by making it a
misdemeanor to install illegal window tinting. The
bill would also help enforcement efforts by allowing
police to "go to the source" by bringing charges
against installers.
2:34:59 PM
WILLIAM BOSWOOD, Owner, Auto Trim Design, Fairbanks, said his
purpose today is to educate the committee about window film. He
explained that reputable firms have been self-regulating since
1994 and providing after-market tinting that meets the needs of
the safety issue and the needs of the customer. Customers are
looking for glare reduction, UV protection and cosmetic appeal.
He acknowledged that unscrupulous people who tint windows darkly
to conceal illegal activity, but reputable installers are
against that. The current regulation, which passed in 1994, is
the second most restrictive in the nation and he has been
against it from the beginning. He urged the committee to
consider changing the current regulations to allow the industry
to survive. "When you tint those windows with a 70 percent light
transmission on the front, 40 percent on the back it's
invisible." The only thing that is good for is UV protection, he
stated.
2:39:04 PM
SENATOR WIELECHOWSKI asked if it's true that the bill will only
kill the industry if people are violating the regulation.
MR. BOSWOOD replied yes, "but the regulation to begin with was
way too restrictive." Customers see no value in tinting with 70
percent light transmittance. It does not reduce glare and it has
no cosmetic affect at all.
SENATOR WIELECHOWSKI asked if it's fair to say that a large
number of tinting installations are in violation of the
regulation.
MR. BOSWOOD replied, "Any film that you put on a vehicle that
you can see is in violation of the regulation."
SENATOR WIELECHOWSKI asked if most of the tinting he does is in
violation of the regulation.
MR. BOSWOOD said, "There is no tint manufactured that would be
in compliance with the regulation from 1994. We would like to
see that regulation changed..."
2:41:34 PM
ANDREW FELT, Auto Trim Design, said he has installed tinted
windows for over 20 years in several different states. He agrees
with the sponsor statement that windows that are darker than 30
percent light transmission are a problem. The difficulty is that
the current regulation only allows tinting at basically the
factory level. Mini vans, sport utility vehicles, and pickup
trucks are allowed to have dark glass on the back so this bill
would only affect front windows on those types of vehicle.
The company policy is to only tint down to 35 percent on any
front door. Business is thriving and very few customers return
to have the film removed after having had a run-in with law
enforcement. He interprets that to mean that law enforcement is
not uncomfortable with the work that Auto Trim Design does.
"This law would basically just run out of business all of us
doing it for a living and transfer that into a black market of
people doing it on their own."
2:44:35 PM
STEVE VINCENT, General Manager, Auto Trim Design, Fairbanks,
expressed the view that SB 78 would allow DMV to make changes to
tinting laws via internal interpretation and memo. Now it's a
state regulation and this seems to be a shift of power. There
are an awful lot of vehicles running around that have 35 percent
tint and chances are you wouldn't realize there was any tint at
all, he stated. "We think the law ought to be changed to reflect
what an awful lot of other states are allowing," he concluded.
MR. BOSWOOD interjected that this is an important matter.
People's ability to feed their family is at stake here. He
offered to demonstrate that the tinting his company does is
safe. This legislation will kill the tinting portion of his
business.
2:48:26 PM
SENATOR McGUIRE asked him to clarify what light transmission
percentage he is advocating.
MR. BOSWOOD explained that the number he is quoting is the
actual light transmittance. Current regulation says 70 percent
on the front windows and 40 percent on the back windows. A 70
percent tint allows 70 percent of the light to get through and
it blocks 30 percent. He asked the committee to hold the bill
and change the current regulation to allow tinting that is safe
and something that customers want.
SENATOR McGUIRE asked him to fax his suggestions to Senator
French at 465-6595.
2:51:24 PM
LIEUTENANT NANCY REEDER, Traffic Commander, Anchorage Police
Department, stated that she was available to answer questions
more than to give testimony, but she wanted to clarify that the
state statute and municipal ordinance are both aligned with
federal law. Furthermore, law enforcement is not confused about
the issue of light transmittance. "We know that there has to be
70 percent light transmittance that shows on those front windows
and it's very clear within the current statute." SB 78 is also
quite clear; it refers back to the regulations in statute and
would simply address those shops that operate outside that
regulation.
LT. REEDER, speaking as an officer who has written citations for
non-compliance, said that motorists who are ignorant of the law
and buy vehicles with after-market tinting are a big problem.
Dealerships send vehicles out to these shops for add-ons and
they sell those vehicles to the unknowing and uneducated
motorist. The motorist pays for the add-on in the vehicle
purchase price and then must pay to remove it if they are
stopped and cited. SB 78 deals with this issue in the right
place, she stated.
In conclusion Lt. Reeder highlighted the issue of night driving.
When windows are tinted a driver's ability to see is obscured
and so that motorist becomes more a danger to pedestrians,
bikers, and others on the roadway.
SENATOR McGUIRE asked how law enforcement deals with panel vans
and if there is any interest in changing how they are treated.
LT. REEDER acknowledged the disparity, but it's legal for those
vehicles to be more darkly tinted than passenger vans and cars.
Law enforcement realizes it must be more cognizant when
approaching those vehicles and takes precautions accordingly,
she stated.
2:57:27 PM
ROB HILL, Autostart Alaska, LLC., said he owns a tint
installation center in Anchorage and he can't understand why
there is so much concern about this issue. Other states have
much higher crime rates yet they have laws that allow much
darker window film. As a responsible shop owner this is
discouraging. He agrees with Mr. Boswood that there ought to be
some reasonable amount of tinting allowed on front windows for
cosmetic and glare purposes. It's a safety issue, he said. "I
don't like to have people see into my car and see my laptop
through the front windows in the backseat."
MR. HILL said that "to bring charges against the installers I
think that is a huge can of worms...." It should be left in the
hands of the consumers.
SENATOR HUGGINS asked where to buy a light meter to test light
transmittance.
MR. HILL replied his company doesn't use a photo meter. He is
very forthright in informing customers that law enforcement
could require the removal of any customized window tinting.
3:02:51 PM
MARGARET AUTH, Member, Spenard Community Council, Anchorage,
said this issue came up during a council meeting about a year
ago. The discussion centered on criminal activity in the
neighborhood and it was noted that it is difficult to assess
vehicles that have darkly tinted windows. Also, vehicles with
dark window tinting are a safety issue for pedestrians and
bikers. She relayed a story about a neighbor who purchased a new
car that had after-market tinting. He was stopped by law
enforcement and required to remove the film. Basically the auto
shop received payment twice - first to install the film and next
to remove it.
CHAIR FRENCH held SB 78 in committee.
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