Legislature(2007 - 2008)BELTZ 211

03/14/2007 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 78 MOTOR VEHICLE WINDOW TINTING TELECONFERENCED
Heard & Held
+= SB 89 ELECTRONIC MONITORING OF GANG PROBATIONER TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 64 DISCLOSURES & ETHICS
Heard & Held
               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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