Legislature(2009 - 2010)BUTROVICH 205
03/03/2009 01:00 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| HB100 | |
| SB73 | |
| SB59 | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 100 | |||
| * | SB 73 | ||
| = | SB 59 | ||
| = | SB 51 | ||
SB 51-MOTOR VEHICLE WINDOW TINTING
1:28:53 PM
CHAIR KOOKESH announced the consideration of SB 51 and asked for
a motion to adopt the committee substitute (CS).
1:29:47 PM
SENATOR DAVIS moved to adopt committee substitute (CS) for SB
51, labeled 26-LS0323\R, as the working document. There being no
objection, version R was before the committee.
SENATOR FRENCH, Sponsor of SB 51, said the CS contains the
changes that Senator Davis requested. The first change on page
2, lines 4-5 clarifies that a person can install window tinting
that varies from regulations outlined in the first part of the
bill in certain instances. Currently there are exceptions for
medical reasons in the window tinting regulations and this
brings those into the statute. The second change found on page
2, lines 13-14, requires that the medical reasons are certified
by a physician and provided to the installer at the time of
installation. Grammatical changes were made on page 2, lines 6-
18, but none of those changed the substance of the legislation.
1:31:20 PM
STEVE VINCENT, General Manager, Auto Trim Design, Fairbanks,
noted that the medical exemption must be renewed every year, but
there is no designation on a license plate that a person has a
medical exemption so the driver can still get pulled over for
supposedly having illegal tinting. He asked if there will be
changes to the regulation.
1:32:05 PM
ANDY MODEROW, Staff to Senator French, confirmed that this
legislation does not change the current regulations that require
the medical exemption to be recertified every year. He further
confirmed that there is no designation on the license plate, but
the current regulation and this legislation note that the
certification should be carried within the vehicle.
MR. VINCENT referenced Trooper Dial's testimony from last week
and clarified that Alaska tint laws mirror the federal DOT
allowable manufacturing compliance levels for automobiles. He
brings that up because there aren't federal laws regarding
window film. It's just window tint, he said. Refuting the
statement that 90 percent of Canadian provinces have similar or
more restrictive tint laws, he said all but two provinces do not
allow tint on the driver or passenger windows, but the rest of
the windows could be painted black. Furthermore he said he found
that only five U.S. states have similar or more restrictive tint
laws than the state of Alaska and 62 percent of the states allow
medium tint on the front two windows. Finally, he doesn't agree
with the statement that the general rule is that the hotter the
climate the greater the window tint that's allowed. He believes
that the general rule is that more window tint is allowed in
places that have more sun. Alaska has more sun in the summer
than any other state. He noted that he distributed the packets
with tint samples to the committee members so they could compare
the tint against their own vehicles. He agrees with Lieutenant
Dial that you can't tell how dark window tint is from a
photograph.
MR. VINCENT said there is anecdotal information about problems
with police officers approaching cars with dark tint, but he
can't find anecdotal information about medium tint on vehicles
causing problems for law enforcement. He said he continues to
oppose SB 51 as currently written, but he would support an
amended version to allow 35 percent window film on the front two
windows of passenger vehicles.
1:37:07 PM
BOB BOSWOOD, President and CEO, Auto Trend Design, Fairbanks,
said he has 32 employees. He hopes everyone reviewed the
information in the packets he distributed that proves that
medium window tint film installed on vehicles provides
visibility into and out of a vehicle at night and during the
day. All the testimony by the troopers and the sponsor refers to
dark window film. He agrees with the essence of the legislation,
but as currently written it won't accomplish what it intends to
do. "It will only serve to put legitimate tint installers out of
business and thus increasing the sales of cash-in-fist non-tax-
paying less-than-honest tint installers." The reality is that
people will continue to have their windows tinted regardless of
the regulations. If SB 51 were amended to mirror Washington laws
it would give people the option of having their windows tinted
by legitimate businesses that do not install dark films. It
would also encourage others to quit installing dark films. That
would accomplish the goals of the troopers and the sponsor. As
currently written the legislation will be difficult to
impossible to enforce. Passing SB 51 will affect his business
bottom line in a catastrophic way.
1:40:48 PM
RODNEY DIAL, Lieutenant, Department of Public Service (DPS),
responded to the previous testimony. He clarified that when he
spoke about the federal DOT law, he was talking about the
regulation that specifies that light must be able to pass
through the windshield and to the immediate right and left of
the driver. That's the same as is required under current state
law. He said that when he provided the statistics involving
other states, he gave the disclaimer that those change on an
annual basis. Next, he reminded the committee that a 35 percent
film blocks 65 percent of the light. When applied on top of the
factory tint, it blocks a significant amount of light and DPS
refers to it as dark tinting. Finally, his experience with this
infraction is that most drivers blame the installer. In 19 years
he has never encountered anyone who has had a medical exemption
for window tint and he can't recall anyone saying that they had
the tint installed knowing that it was illegal.
1:42:36 PM
SENATOR PASKVAN said he understands what he's saying about the
cumulative effect and Mr. Boswood is saying that he agrees.
However, he isn't saying that the 35 percent tint applied on top
of a factory tint would be a dark tint. He noted that the
sponsor statement also talks about dark tint that completely
blocks an outside view. He said he's struggling as to why the
medium tint wouldn't be satisfactory for public safety purposes.
LIEUTENANT DIAL said his experience is that vehicles coming from
the factory typically have windows that block between 25 percent
and 30 percent of the light. When DPS talks about a 35 percent
film, it would be applied to a window that already has some tint
and it's that cumulative effect that DPS is concerned with. Our
experience is that 35 percent tint on top of the factory tint
makes for very dark windows, he said.
1:45:49 PM
SENATOR PASKVAN said he understands that his Suburban can have
dark tint in the back windows, but he doesn't believe the driver
side, passenger side and front windows have any tint. He asked
if he would have a problem if he wanted a medium tint on that
glass.
LIEUTENANT DIAL clarified that those windows do have factory
tint that blocks approximately 30 percent of the light. Applying
additional tint would have a cumulative effect. If you were to
compare your car windows to your house windows you'd see the
difference, he said.
SENATOR PASKVAN said, assuming that's true, would that be a
public safety problem.
LIEUTENANT DIAL said yes; in low light situations even 35
percent film makes it very difficult for law enforcement to see
inside a vehicle. It also makes it difficult for the driver to
see out through the windows under low light conditions,
particularly in areas that don't have street lights. DPS sees
that the current law is working well and changing tint standards
serves no purpose other than to create future problems. "If
nothing else, we would certainly ask that the standards not be
changed," he said.
1:48:26 PM
MR. BOSWOOD said the samples he distributed showed a vehicle
with 35 percent window tint applied on top of factory tint both
at night from a trooper's point of view and during the day from
a driver's point of view. He's driven cars with that level of
tint for 20 years and he can see clearly at night and during the
daytime. It allows good visibility and is allowed in some 30
other states.
CHAIR KOOKESH closed public testimony and asked the will of the
committee.
SENATOR PASKVAN said he's somewhat troubled and isn't clear as
to what he wants to do. He wants to advance public safety, but
he doesn't want to be overly restrictive.
SENATOR DAVIS noted that Mr. Boswood's testimony hadn't changed
and asked Mr. Moderow if the sponsor took that under advisement
when he had the CS prepared.
MR. MODEROW explained that similar recommendations were brought
forward last year. "It should be noted that on top of Lieutenant
Dial's testimony, the Fairbanks police department last year
opposed changing the tinting restrictions." The Anchorage police
department also had hesitation about that, which is why there
were no changes made to the CS, he said.
SENATOR DAVIS noted that the bill has to go the judiciary
committee. She believes the transportation committee gave the
bill a good review but she is reticent.
CHAIR KOOKESH asked the will of the committee.
1:52:56 PM
SENATOR PASKVAN said he will probably recommend that the bill be
amended. The testimony hasn't convinced him that [35 percent
tint] blocks light to the point that he wholeheartedly agrees
with Lieutenant Dial.
CHAIR KOOKESH said he'd like to move the bill on to the
judiciary committee.
1:53:34 PM
SENATOR MEYER moved to report CS for SB 51, version R, from
committee with individual recommendations and attached fiscal
note. There being no objection, CSSB 51(TRA) moved from the
Senate Transportation Standing Committee.
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