Legislature(2007 - 2008)BUTROVICH 205
03/22/2007 03:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB78 | |
| SCR3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 48 | TELECONFERENCED | |
| *+ | SCR 3 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 78 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 22, 2007
3:32 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Charlie Huggins, Vice Chair
Senator Bill Wielechowski
Senator Lesil McGuire
Senator Gene Therriault
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 48
"An Act amending Rule 62, Alaska Rules of Civil Procedure, to
limit the amount of the bond required to stay execution of a
judgment in a civil litigation during an appeal or review; and
amending Rules 204 and 205, Alaska Rules of Appellate Procedure,
to limit the amount of the bond required to stay execution of a
judgment in a civil litigation during an appeal."
SCHEDULED BUT NOT HEARD
SENATE CONCURRENT RESOLUTION NO. 3
Urging the governor and the attorney general to expedite the
resolution in the courts of the appeal from the decision by the
commissioner of natural resources to deny the proposed plans for
development of the Point Thomson Unit and to terminate the Point
Thomson Unit.
HEARD AND HELD
SENATE BILL NO. 78
"An Act relating to the installation of window tinting in
automobiles."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SCR 3
SHORT TITLE: POINT THOMSON UNIT APPEAL
SPONSOR(s): SENATOR(s) THERRIAULT
02/19/07 (S) READ THE FIRST TIME - REFERRALS
02/19/07 (S) JUD
03/22/07 (S) JUD AT 3:30 PM BUTROVICH 205
BILL: SB 78
SHORT TITLE: MOTOR VEHICLE WINDOW TINTING
SPONSOR(s): SENATOR(s) FRENCH
02/09/07 (S) READ THE FIRST TIME - REFERRALS
02/09/07 (S) TRA, JUD
03/06/07 (H) TRA AT 1:30 PM CAPITOL 17
03/06/07 (S) Moved SB 78 Out of Committee
03/06/07 (S) MINUTE(TRA)
03/07/07 (S) TRA RPT 1DP 3NR
03/07/07 (S) DP: KOOKESH
03/07/07 (S) NR: WIELECHOWSKI, WILKEN, COWDERY
03/14/07 (S) JUD AT 1:30 PM BELTZ 211
03/14/07 (S) Heard & Held
03/14/07 (S) MINUTE(JUD)
03/22/07 (S) JUD AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
William Boswood
Auto Trim Design
Fairbanks, AK
POSITION STATEMENT: Answered questions related to SB 78
Andrew Felt
Auto Trim Design
Fairbanks, AK
POSITION STATEMENT: Answered questions related to SB 78
Anne Johnson, Assistant Attorney General
Civil Division
Oil, Gas & Mining Section
Department of Law
Juneau, AK
POSITION STATEMENT: Commented on a proposed amendment to SCR 3
Kevin Banks, Acting Director
ACTION NARRATIVE
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 3:32:44 PM. Present at the call to
order were Senator Wielechowski, Senator McGuire, Senator
Huggins, Senator Therriault, and Chair French.
SB 78-MOTOR VEHICLE WINDOW TINTING
3:33:24 PM
CHAIR FRENCH announced the consideration of SB 78. He recapped
that during the first hearing some commercial installers
expressed concern that adding the lightest available tint to
factory glass exceeds the limit under the current law. If that
is true then the standards should be changed, but that is the
subject of another bill, he said. He noted that according to a
table in the packets, Alaska has the same standard as
California, New York, Pennsylvania, Rhode Island and several
other jurisdictions. He said he would hazard a guess that there
is window film used in at least some of those states that
doesn't break the law.
He asked Senator Wielechowski if he had a conceptual amendment
to address the concern about the level of penalty for the
offense of installing window tinting.
3:35:20 PM
SENATOR WIELECHOWSKI motioned to change the penalty for
installing window tinting from a criminal penalty to a civil
penalty.
CHAIR FRENCH explained that Title 28 is a catchall statute that
sets out penalties for violations. Most of the violations are
misdemeanors punishable by a year in jail and up to a $10,000
fine, but many of the Title 28 provisions are infractions. He
suggested that AS 28.35.235 is a similar statute and it might be
a starting point for the conceptual amendment. In part it says:
Sec. 28.35.235.
(c) A person who violates this section is guilty
of an infraction. Upon conviction, the court shall
impose a fine of not less than $125, or, if the person
has been previously convicted under this section, the
court shall impose a fine of not less than $250. ...
SENATOR WIELECHOWSKI stated a preference to have the conceptual
amendment to follow that style.
3:37:36 PM
CHAIR FRENCH asked if he is comfortable with the amount of the
penalty.
SENATOR WIELECHOWSKI said his thought is to set the penalty at a
rate similar to the penalty for driving with tinted windows.
CHAIR FRENCH asked Lt. Dial what the penalty is for driving with
windows tinted above the allowable maximum.
LT. RODNEY Dial, Alaska State Trooper, said it is a correctable
offense, but a $150 fine can be assessed. The Municipality of
Anchorage does assess a fine.
SENATOR WIELECHOWSKI restated his intention is to have the
penalty the same as the penalty for driving with unlawfully
tinted windows.
CHAIR FRENCH clarified the motion would read:
A person who violates this section is guilty of an
infraction. Upon conviction, the court shall impose a
fine of not less than $150, or, if the person has been
previously convicted under this section, the court
shall impose a fine of not less than $300.
3:38:45 PM
SENATOR THERRIAULT noted the change from a misdemeanor to an
infraction and asked if it's for the driver or the installer.
CHAIR FRENCH said the infraction is for the installer. When
there isn't an associated jail time it's sometimes called a
special-class misdemeanor, but the name doesn't matter. The
issue is to give the police a tool to try to eliminate the very
dark tinting that may be installed at some shops. He said he
isn't sure that it's happening in the shops that have been
testifying.
SENATOR McGUIRE commented, "Despite their statement on the
record that it was."
CHAIR FRENCH said he believes there are three categories of
tinting. A demonstration would show the very dark tint, then the
tint that is probably just slightly out of conformity with the
70 percent standard, and then factory glass.
3:40:08 PM
CHAIR FRENCH, hearing and seeing no further discussion or
objection, announced that Amendment 1 is adopted.
SENATOR McGUIRE referenced a letter she received from Auto Trim
Design asking the committee to consider changing the standard
from 30 percent to 35 percent. Acknowledging that she isn't an
expert in this area, she asked what the distinction is.
CHAIR FRENCH asked Mr. Boswood or Mr. Felt to give their
perspective.
3:41:18 PM
WILLIAM BOSWOOD, Auto Trim Design, Fairbanks, explained that
there is no 30 percent; what is allowed is 70 percent. That
means 70 percent light transmission on front windows and so 30
percent of the light is blocked. That amount of tint isn't
visible; it only provides UV protection. He continued to say:
35 percent tint is twice as dark as 70 percent. It
cuts in half the amount of light that 70 percent does.
35 percent tint is considered a medium tint nationwide
in the industry and it is quite visible. You can see
inside the vehicle with 35 percent tint on the front
doors.
ANDREW FELT said the specific request is to allow tinting that
is in line with a majority of other states. That is tinting down
to at least a 35 percent light transmission level on front
windows and down to 20 percent on rear windows.
3:44:39 PM
SENATOR McGUIRE said it's a good point; the basis of this law is
a regulation and it's been a law since 1994. She suggested
installers negotiate with the regulation makers separate and
distinct from this bill.
SENATOR THERRIAULT restated Mr. Boswood's suggestion to allow 35
percent light transmittance and said he would like to propose an
amendment on behalf of the good citizens of Fairbanks.
CHAIR FRENCH asked him to continue.
SENATOR THERRIAULT motioned to conceptually change language in
paragraph (2) on line 8 to say it is a violation if tinting
doesn't allow at least 35 percent visible light transmittance.
The level would not be established by regulation.
3:47:26 PM
CHAIR FRENCH objected explaining that the regulations are very
complex and he didn't want to amend them casually. He asked for
other comments.
SENATOR HUGGINS expressed discomfort because the bill holds
installers liable, but it offers them no help if the request is
in fact reasonable.
CHAIR FRENCH said he understands the concern but he isn't sure
this is the time and place to fix it. Nonetheless, he would hold
the bill over so the committee could resolve the question of
whether to make adjustments to tinting levels or not.
SENATOR HUGGINS agreed it is a separate question, but if the
standard is unreasonable he would recommend holding bill.
SENATOR THERRIAULT said he understands the argument that the
various regulations are complex so he was withdrawing his
conceptual amendment. "If there's any time to consider if in
fact we can accommodate their request, I'd rather do it that
way."
3:50:52 PM
CHAIR FRENCH summarized Amendment 1 has been adopted, Amendment
2 has been withdrawn, and the committee would take the bill up
again when its comfort level is up where it belongs.
SENATOR THERRIAULT asked if it would be possible to get a
demonstration and Mr. Boswood agreed to provide samples.
SENATOR McGUIRE stated objection to very black tinting, but said
she is interested in knowing what percentage does allow someone
to see inside a vehicle.
CHAIR FRENCH asked Lt. Dial to comment.
LT DIAL said he has checked a number of factory cars and most
are acceptable according to current regulations, but if the
standards are changed, some cars will be in violation upon
leaving the state. He suggested that state standards should be
posted.
SENATOR McGUIRE stated an interest in seeing what a 50 percent
standard looks like compared to a 70 percent standard.
CHAIR FRENCH suggested she accompany Senator Therriault when he
visits the tint shop
CHAIR FRENCH held SB 78 in committee.
SCR 3-POINT THOMSON UNIT APPEAL
3:58:08 PM
CHAIR FRENCH announced the consideration of SCR 3.
SENATOR THERRIAULT, Sponsor of SCR 3, said he introduced the
resolution after it became apparent that the Pt. Thomson
legislation he initially introduced could be a detriment to the
state's cause. SCR 3 resolves that the legislature is
encouraging the governor and the attorney general to allocate
adequate resources and to expedite the court's consideration of
the appeal. He emphasized that the resolution isn't encouraging
a court fight. In fact, he said, to expedite could mean getting
to a settlement; he didn't believe that the administration had
necessarily ruled that out.
SENATOR THERRIAULT said when he reviewed the resolution with
Kevin Banks and the Department of Law he was asked to insert an
additional "whereas" phrase that provides an update of the
action state agencies have taken. He distributed the proposed
amendment.
In conclusion he said there is potential benefit in having the
legislature support the administration's efforts through the
fast track supplemental for the oil and gas issues that were
passed, but there's also benefit in making a policy statement in
support of the steps the administration has taken to get the Pt.
Thomson lease unit into production.
4:02:13 PM
ANNE JOHNSON, Assistant Attorney General, Civil Division, Oil,
Gas & Mining Section, Department of Law, explained that the
proposed amendment is a reference to three other proceedings
that are currently in progress. Two proceedings are in superior
court and they evolved from the unit terminations. One
proceeding is an agency appeal on the individual lease
terminations.
CHAIR FRENCH asked if the administrative appeals filed by
ExxonMobil Corporation, BP Exploration, Chevron U.S.A.,
ConocoPhillips Alaska, Inc., and Devon Energy Production
Company, L.P. that are listed in the proposed amendment show up
together or one at a time.
MS. JOHNSON said all the entities appealed individually, but the
same issues are at stake so it's possible that a single decision
will come out.
SENATOR WIELECHOWSKI asked if the governor and the attorney
general are allocating adequate resources for this matter.
MS. JOHNSON deferred to Mr. Banks.
4:04:29 PM
KEVIN BANKS, Acting Director, Division of Oil & Gas, Department
of Natural Resources, said the financial support is under the
fast track supplemental and the Department of Law has retained
outside counsel to work on the case.
SENATOR WIELECHOWSKI asked if the governor and the attorney
general are taking all steps necessary to expedite the court's
consideration of the appeal.
MR. BANKS said yes; no stone will go unturned in the effort to
achieve what is in the best interest of the state.
SENATOR WIELECHOWSKI commented, "It appears that we're already
doing everything that we're asking to be done in this
resolution."
SENATOR THERRIAULT responded that although he doesn't disagree,
he believes there is potential benefit in having the legislative
branch on record as fully supporting the administration's
efforts. He asked Ms. Johnson or Mr. Banks if they see any
potential downside to the legislature going on record as
described.
MS. JOHNSON said she could not see a downside. She continued to
say, "I would like to say the Department of Law appreciates the
Senate's concurrent resolution on Pt. Thomson and the
proceedings that are related to it. We appreciate the
legislature's funding of the proceedings; the law department
will continue to move ahead as expeditiously as possible to
hopefully attain a successful resolution.
4:07:23 PM
CHAIR FRENCH said he wrote down the word "resolution" when
Senator Therriault said this could lead to a settlement or it
could lead to a court decision, but the idea is to get this
wrapped up as fairly and as quickly as possible without giving
away the farm in exchange for speed. With that in mind he
suggested the committee consider a bit of wordsmithing on page
3, lines 19 and 20, to capture that idea. If the legislature is
truly telling the administration to expedite the court's
consideration that's one thing, but if it is telling it to
expedite the process to resolve the ownership of the Pt. Thomson
leases that is a slightly different and broader charge than he
believes Senator Therriault is intending. I tend to support him,
he said, because at some point there may be a decision that it's
time to wrap it up because it's not possible to build and fill a
gas line without Pt. Thomson gas.
SENATOR THERRIAULT suggested the committee insert something
similar to "or facilitate the settlement" after the appeal
reference.
CHAIR FRENCH asked Ms. Johnson to comment.
MS. JOHNSON suggested inserting, "or facilitate a successful
resolution to the Pt Thompson unit and lease dispute".
CHAIR FRENCH, with stated agreement from the sponsor, held SCR 3
in committee to allow time to prepare a committee substitute.
There being no further business to come before the committee,
Chair French adjourned the meeting at 4:09:46 PM.
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