03/09/2009 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB51 | |
| SB19 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 19 | TELECONFERENCED | |
| + | SB 51 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 9, 2009
1:37 pm
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Gene Therriault
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
SENATE BILL NO. 51
"An Act relating to the installation of window tinting in
automobiles."
HEARD AND HELD
SENATE BILL NO. 19
"An Act relating to complaints concerning peace officers and
village public safety officers and to notification to persons
filing complaints concerning peace officers and village public
safety officers."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 51
SHORT TITLE: MOTOR VEHICLE WINDOW TINTING
SPONSOR(s): SENATOR(s) FRENCH
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) TRA, JUD
02/24/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/24/09 (S) Heard & Held
02/24/09 (S) MINUTE(TRA)
03/03/09 (S) TRA AT 1:00 PM BUTROVICH 205
03/03/09 (S) Moved CSSB 51(TRA) Out of Committee
03/03/09 (S) MINUTE(TRA)
03/05/09 (S) TRA RPT CS 1DP 1NR 2AM SAME TITLE
03/05/09 (S) DP: KOOKESH
03/05/09 (S) NR: MEYER
03/05/09 (S) AM: DAVIS, PASKVAN
03/09/09 (S) JUD AT 1:30 PM BELTZ 211
BILL: SB 19
SHORT TITLE: COMPLAINTS AGAINST PEACE OFFICERS/VPSOS
SPONSOR(s): SENATOR(s) FRENCH
01/21/09 (S) PREFILE RELEASED 1/9/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) CRA, STA, JUD
02/03/09 (S) CRA AT 3:30 PM BELTZ 211
02/03/09 (S) Heard & Held
02/03/09 (S) MINUTE(CRA)
02/05/09 (S) CRA AT 3:30 PM BELTZ 211
02/05/09 (S) Moved CSSB 19(CRA) Out of Committee
02/05/09 (S) MINUTE(CRA)
02/06/09 (S) CRA RPT CS 4DP 1NR NEW TITLE
02/06/09 (S) DP: FRENCH, THOMAS, KOOKESH, MENARD
02/06/09 (S) NR: OLSON
02/24/09 (S) STA AT 9:00 AM BELTZ 211
02/24/09 (S) Moved CSSB 19(CRA) Out of Committee
02/24/09 (S) MINUTE(STA)
02/25/09 (S) STA RPT CS(CRA) 2DP 1NR 2AM
02/25/09 (S) DP: MENARD, FRENCH
02/25/09 (S) NR: KOOKESH
02/25/09 (S) AM: PASKVAN, MEYER
03/09/09 (S) JUD AT 1:30 PM BELTZ 211
WITNESS REGISTER
KEN STATAFORA, Lieutenant
Anchorage Police Department
Anchorage AK
POSITION STATEMENT: Testified in support of SB 51.
RODNEY DIAL, Lieutenant
Department of Public Safety
Ketchikan AK
POSITION STATEMENT: Testified in support of SB 51.
BOB BOSWOOD, President
Auto Trim Design
Fairbanks AK
POSITION STATEMENT: Testified in opposition to SB 51.
STEVE VINCENT, General Manager
Auto Trim Design
Fairbanks AK
POSITION STATEMENT: Testified in opposition to SB 51.
TATE OLSON, Technician
Auto Trim Design
Fairbanks,
POSITION STATEMENT: Testified in opposition to SB 51.
JOE MASTERS, Commissioner Designee
Department of Public Safety
Anchorage AK
POSITION STATEMENT: Reported what DPS is doing in the spirit of
SB 19.
ACTION NARRATIVE
1:37:42 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:37 p.m. Present at the call to
order were Senators Therriault, Wielechowski and French.
SB 51-MOTOR VEHICLE WINDOW TINTING
1:38:10 PM
CHAIR FRENCH announced the consideration of SB 51 and noted that
it is not his intention to move the bill today. [Before the
committee was CSSB 51(TRA).] Speaking as sponsor, he explained
that the bill is about illegal window tinting. The Spenard
Community Council said members of the public are concerned about
vehicles with darkly tinted windows traversing their
neighborhoods. Being unable to see who is in the car and
therefore who is in the neighborhood is worrisome. In the course
of their investigation they found that although it is illegal to
drive a car with windows that have dark tinting, it is not
illegal for a shop to install that product. The logical
outgrowth of that observation is to make the installation of
illegal window tint a citable offense.
1:39:36 PM
He noted that California, Nevada and Washington all allow the
imposition of jail time for installing tinting that is too dark.
When the bill was introduced last year he concluded that it was
too onerous to impose jail time for what is essentially a
traffic offense. SB 51 keeps the traffic infraction penalty in
place with a maximum fine of $300 for installing window tinting
that is too dark according to state regulation.
CHAIR FRENCH opened public testimony.
1:40:27 PM
KEN STATAFORA, Lieutenant, said he has been a police officer in
Anchorage for 31 years. Currently he is in charge of the traffic
section and has spoken to numerous patrol and traffic officers
who have legitimate complaints with dark window tinting. Two
safety issues are involved. One is that accidents can be
prevented if motorists are able to maintain eye contact with
adjacent drivers. The other is that it can tie officers' hands
if they can't see into vehicles when they're trying to locate a
driver or match a particular car to a driver. Another concern
relates to the medical exemption. The reality is that these are
essentially hand-written notes and APD would like to request
that they be an official standardized document that contains the
doctor's name and phone number for verification purposes.
LIEUTENANT STATAFORA stated support for the provision to require
a tint hologram to identify the installer and certify that the
installation complies with the law, but the biggest issue is
safety. Walking up to a vehicle is one of the most dangerous
jobs an officer faces and being able to see a suspect's action
has allowed him to avert serious harm or death numerous times.
"I'm sure that that claim is echoed by every law enforcement
officer in the state," he said.
SENATOR THERRIAULT asked how much time he has spent in a patrol
car.
LIEUTENANT STATAFORA replied he spent 18 years on the graveyard
shift, 13 years working homicide and robbery cases. For 10 years
he was on the SWAT team and was responsible for stopping
numerous vehicles and taking violent suspects into custody.
RODNEY DIAL, Lieutenant, Alaska State Troopers, Department of
Public Safety (DPS), said DPS supports SB 51. The bill is not
about changing standards; it is a means of keeping businesses
from installing a product that makes a vehicle illegal.
LIEUTENANT DIAL explained that last week in Ketchikan he used a
certified tint meter on a series of foreign and domestic
vehicles. On average, the driver's and passenger's side windows
with factory installed light tint blocked 28 percent to 30
percent of all light, which is legal under current Alaska law.
He then applied a medium tint on top of the stock factory tint
and retested the windows. The combination blocked between 68
percent and 72 percent of all light. This is essentially darker
than sunglasses, he said. If you were to apply a medium tint on
top of windows that lawfully block 60 percent of light, the
result would be a window that blocks over 90 percent of all
light.
Currently 45 states and the District of Columbia have net tint
standards, which take into account after market tinting. Auto
Trim Design is advocating a film standard to allow application
of a 35 percent film atop stock factory tinted windows. This
means that some windows would block 90 percent of all light,
which is particularly dark at night. For perspective, cosmetic
sunglasses allow four times more light to pass through and it's
recommended that they not be worn at night. Relaxing the
standards to make everyone happy really isn't an option, he
said. The industry standpoint is that customers want medium or
dark tint, but the current standards help keep law enforcement
officers, pedestrians and other drivers safe. He asked the
committee to maintain the current tint standards and pass SB 51.
SENATOR THERRIAULT asked how much time he has spent in a patrol
car where he has had to deal with tinted windows.
LIEUTENANT DIAL replied nearly his entire career. About 12 years
have been devoted to exclusive patrol functions and most of that
time was in rural communities where there were few if any
streetlights. Tinted windows were a bigger concern in those
areas.
SENATOR THERRIAULT asked if there is much tint on vehicle
windows in rural Alaska.
LIEUTENANT DIAL said no, but he ran into it on a frequent basis
when he worked at the Talkeetna and Glennallen road posts.
BOB BOSWOOD, President, Auto Trim Design, Fairbanks, said he
opposes the current tinting regulations because they are too
restrictive to allow his business to survive. His business is to
tint windows and he feels that applying a 35 percent medium film
allows sufficient view into a vehicle so as to not be a safety
issue. He has spoken to numerous police officers and troopers in
the Fairbanks area and 99 percent had no problem with that level
of film. "Nor did they feel that they were at risk in pulling
that vehicle over once they've lit them up at night," he said.
MR. BOSWOOD disputed the statement that 35 percent tint atop
factory tint blocks 90 percent of the light. Rather, it allows
between 28 percent and 32 percent light transmittance. He said
he would support tint laws like California, Nevada and
Washington have, but he would note that all those laws are less
restrictive than Alaska's tint laws. He relayed that all his
customers sign a waiver acknowledging that the tint does not
comply with Alaska regulations. He expressed the view that SB 51
will not stop people from applying dark tint, but it will put
some reputable businesses out of business.
SENATOR THERRIAULT asked if the current regulations require an
installer to apply a hologram.
CHAIR FRENCH said it's a new requirement in the bill on page 2,
lines 2-3; it's not part of current regulation.
STEVE VINCENT, General Manager, Auto Trim Design, Fairbanks,
said Fairbanks Police Chief Dan Hoffman stated in a letter that
he would support a reasonable lessening of the current tint laws
so long as they comport with the majority of other state
standards and allow adequate visibility to approaching law
enforcement officers. North Pole Police Chief Paul Lindhag also
sent a letter supporting 35 percent light transmission on the
front windows of vehicles.
MR. VINCENT told the committee that he has a medical waiver
because of a family history of melanoma. 70 percent UV block on
a window is not sufficient to stop the growth of melanoma or
cancer cells, he said. Current law doesn't give people the
opportunity to take preventative steps; they have to wait until
they've been diagnosed with a cancer problem. He said he resents
that he has a medical waiver, but his truck is targeted because
there is no sticker to identify that he has a medical waiver.
CHAIR FRENCH thanked him for the suggestion about an identifier
for a medical waiver.
2:04:48 PM
TATE OLSON, Technician, Auto Trim Design, Fairbanks, said he has
worked hard for the last two years to become proficient at
installing window tint. In that time he has tinted many vehicles
and some are official. In his opinion 35 percent tint is a film
that is very visible. The factory tint is very light. He sees
work that he's done every day and he can see these drivers
fully.
CHAIR FRENCH, finding no further testimony, closed public
testimony and announced he would hold SB 51 for potential future
action.
SB 19-COMPLAINTS AGAINST PEACE OFFICERS/VPSOS
2:06:59 PM
CHAIR FRENCH announced the consideration of SB 19. [Before the
committee was CSSB 19(CRA).] Speaking as sponsor, he said the
bill is about making the complaint process regarding state
troopers more transparent because the current system allows
almost no feedback to the citizen who has lodged a complaint
against a trooper. The bill has two provisions. The first would
allow the citizen to receive status reports to provide
reassurance that the complaint is progressing through the
system. The second provision, on page 2, allows the citizen to
receive feedback once the complaint is finished so they would
know whether or not the complainant was found to be valid.
He has had numerous conversations with public safety employees
and he recognizes their concerns with the bill. He has also
spoken with Anchorage Police Department (APD) officers about how
they handle this process and they have some interesting ideas.
He noted that the administration is also working on the issue to
institute [transparency] administratively, with or without
passage of SB 19. He recognizes there are pitfalls and benefits
to each approach and he intends to proceed cautiously.
At-ease from 2:10:03 PM to 2:11:15 PM.
2:11:20 PM
JOE MASTERS, Commissioner Designee, Department of Public Safety,
said he would primarily comment on what the department is doing
that goes along with the intent and spirit of SB 19. The primary
intent is to ensure public trust when the department is dealing
with internal discipline issues or investigating improper
conduct of employees. Early in his tenure he identified the need
to change some internal policies and procedures and internal
structure on how the department addresses citizen complaints
about the conduct of department employees. In the past there
wasn't a good mechanism to track or manage complaints and often
the investigations were conducted by employees who were not in
the area where the complaint was filed. These practices created
inconsistency and provided too little feedback to the citizen
who filed the complaint.
In early 2009 he started the process to open the Office of
Professional Standards for the purpose of addressing these
issues. Initially the office will be staffed by two
investigators who will be responsible for investigating
misconduct of officers within the Alaska State Troopers, Alaska
Wildlife Troopers, and other divisions within DPS. They also
will be responsible for tracking all complaints of employee
conduct, regardless of whether that unit investigates the
complaint or not.
2:15:00 PM
COMMISSIONER MASTERS said they're in the process of identifying
software that will allow the unit to track and manage complaints
as they come in. It will also provide department supervisors and
managers an early warning mechanism identify an employee who is
a potential future problem. This will allow conduct and training
issues to be dealt with early-on and potentially save employees
who are worth holding on to.
CHAIR FRENCH asked what he sees the Office of Professional
Standards doing with respect to the issues of telling the
complainant the status of the investigation and providing
feedback to the complainant about the result of the
investigation.
COMMISSIONER MASTERS replied he believes those issues can be
handled within a policy structure of the unit. A project manager
currently is working to stand up the unit and soon will start to
write new and rewrite existing policies to address the issues of
complaints coming in and reporting back to the complainant.
2:17:49 PM
CHAIR FRENCH noted that an issue that's come to his attention
from the perspective of the troopers, the PSEA union, and APD
officers is that if feedback on a complaint is too clear and
specific, it may have negative repercussions to the officer
through the defense and prosecution process. He asked if that's
been a concern as he's developed internal policies.
COMMISSIONER MASTERS said that is a concern he has, particularly
when a mistake was made early in an officer's career and that
behavior was corrected. He's also concerned about the potential
for the public to be misinformed if a complainant is found to be
only partially valid.
2:20:50 PM
CHAIR FRENCH asked if he anticipates that the internal policies
of the Office of Professional Standards will be reduced to a
written policy document.
COMMISSIONER MASTERS said yes.
CHAIR FRENCH asked when the policies will be in writing.
COMMISSIONER MASTERS replied he anticipates a draft policy
manual will be available within three months.
2:22:06 PM
SENATOR THERRIAULT asked if there will be any provision for the
complainant to find out what remedy was assessed in cases where
their complaint has been found to be valid.
COMMISSIONER MASTERS explained that all discipline or action
taken against an employee is currently part of their
confidential personnel record. The policies that the
professional standards unit puts forth will conform to the law.
Complainants won't be informed of the specific action that was
taken against an employee. The generic response will be that an
investigation was undertaken and appropriate action was taken.
2:23:26 PM
SENATOR THERRIAULT asked if that level of protection is provided
only to police officer or to all state employees.
COMMISSIONER MASTERS replied he understands that is a general
protection afforded to all state employees.
SENATOR THERRIAULT mused about whether the public will be
satisfied with the generic response that the complaint was found
to be valid and appropriate action was taken.
CHAIR FRENCH said it's also easy to see the morass you wade into
if more information is given and the complainant doesn't like
the remedy.
COMMISSIONER MASTERS said he has two additional concerns. One
relates to a complainant trying to escalate an action if they
don't like the discipline that's been given. The other concern
is that if the process is opened to allow complainants to appeal
a decision, it potentially puts every complaint into a more
formal process. It could be counterproductive to ensuring the
public trust.
2:25:50 PM
SENATOR THERRIAULT said he doesn't see anything in the bill that
would lead the complainant to believe he or she would have a
right of appeal.
CHAIR FRENCH said that's a fair observation. His point is that
there is a balance between making certain that the public has
confidence in the disciplinary process that's levied against
individuals who are empowered to arrest and use force against
citizens. "It's an awesome grant of power and it has to be used
very very carefully," he said. The citizens who are subject to
that power have to know that "bad apples" are disciplined.
SENATOR THERRIAULT referred to the caution about a complaint
following an officer throughout his or her career and asked if
you wouldn't want to know about a so called bad apple.
CHAIR FRENCH replied that is the balance. There are officers you
might want to cross examine if you're the subject of an arrest.
On the other hand, having every disciplinary process be part of
the public record may go farther than is desirable. He said he
will hold the bill to look at what other states do and to allow
the commissioner time to work out policy for running the
department. "I have a strong desire to see something like this
become law; on the other hand I want to be very careful about
how we go about it," he said.
SENATOR THERRIAULT asked if there's anyway of knowing what the
recommendation was for an officer who was investigated versus
the final reprimand. Is it state law or personnel rules that led
to that or something the union negotiated?
2:28:34 PM
CHAIR FRENCH said that's outside the confines of the bill and he
would suggest he discuss the process with PSEA.
SENATOR THERRIAULT asked the commissioner if the union
negotiates the final reprimand or if it's a statutory or
regulatory process.
COMMISSIONER MASTERS clarified that he isn't giving a legal
answer. He said there are statutes that cover what they can and
can't say and there is language in employee contracts pertaining
to what the processes can be.
CHAIR FRENCH announced he would hold SB 19 in committee for
further consideration.
2:30:07 PM
There being no further business to come before the committee,
Chair French adjourned the meeting at 2:30 PM.
| Document Name | Date/Time | Subjects |
|---|