Legislature(2007 - 2008)BUTROVICH 205

03/06/2007 01:30 PM Senate TRANSPORTATION


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01:33:25 PM Start
01:33:44 PM SB78
01:50:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
* SB 78 MOTOR VEHICLE WINDOW TINTING
Moved SB 78 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE TRANSPORTATION STANDING COMMITTEE                                                                          
                         March 6, 2007                                                                                          
                           1:33 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Albert Kookesh, Chair                                                                                                   
Senator John Cowdery, Vice Chair                                                                                                
Senator Bill Wielechowski                                                                                                       
Senator Gary Wilken                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donny Olson                                                                                                             
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Hollis French                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 78                                                                                                              
"An Act relating to the installation of window tinting in                                                                       
automobiles."                                                                                                                   
     MOVED SB 78 OUT OF COMMITTEE                                                                                               
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
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                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Margaret Auth, representing herself                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT: In support of SB 78                                                                                       
                                                                                                                                
Rodney Dial, Lieutenant                                                                                                         
Alaska State Troopers                                                                                                           
Ketchikan, AK                                                                                                                   
POSITION STATEMENT: In support of SB 78                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR ALBERT  KOOKESH called  the Senate  Transportation Standing                                                             
Committee meeting to order at 1:33:25  PM. Present at the call to                                                             
order  were Senators  Wielechowski,  Wilken,  Cowdery, and  Chair                                                               
Kookesh.                                                                                                                        
                                                                                                                                
              SB  78-MOTOR VEHICLE WINDOW TINTING                                                                           
                                                                                                                                
CHAIR KOOKESH announced the only  bill before the committee today                                                               
is SB 78.                                                                                                                       
                                                                                                                                
1:33:44 PM                                                                                                                    
                                                                                                                                
SENATOR  FRENCH,  sponsor  of  SB 78,  explained  that  the  bill                                                               
addresses  concerns  from one  of  his  community councils  about                                                               
window tinting which obscures  occupants and prevents pedestrians                                                               
and other drivers from making  eye contact. The police don't have                                                               
the  time or  wherewithal to  effectively enforce  window tinting                                                               
regulations on an individual car basis,  so SB 78 puts the burden                                                               
of enforcement  of proper tinting  on window  tinting facilities.                                                               
The bill sets  the penalty for over-tinting at a  maximum of $500                                                               
and 90  days in jail,  and the mere presence  of the bill  as law                                                               
will make  most of the  tinting problems disappear;  most window-                                                               
tinters are unaware  of current laws, and do  not knowingly over-                                                               
tint windows.                                                                                                                   
                                                                                                                                
He added that  the police feel that  they need to be  able to see                                                               
what's going on in a car they've pulled over.                                                                                   
                                                                                                                                
1:36:32 PM                                                                                                                    
                                                                                                                                
SENATOR COWDERY said  that his home contains  mirrored glass, and                                                               
asked if  that sort of glass  is considered tinted glass  and can                                                               
be installed in cars.                                                                                                           
                                                                                                                                
SENATOR  FRENCH  said that  he  didn't  know,  but thinks  it  is                                                               
illegal in cars.                                                                                                                
                                                                                                                                
SENATOR  COWDERY  asked  if  owners  of cars  can  do  their  own                                                               
tinting, and if  the bill will penalize just  businesses who tint                                                               
cars.                                                                                                                           
                                                                                                                                
SENATOR FRENCH said  that the aim of the bill  is businesses that                                                               
perform such tinting.                                                                                                           
                                                                                                                                
SENATOR COWDERY  asked if businesses could  sell tinting supplies                                                               
to customers.                                                                                                                   
                                                                                                                                
SENATOR FRENCH replied  that the bill isn't the way  to fix every                                                               
problem, but he thinks it provides the most bang for the buck.                                                                  
                                                                                                                                
SENATOR COWDERY asked if other states have similar tinting laws.                                                                
                                                                                                                                
SENATOR  FRENCH said  that  he would  research  that for  Senator                                                               
Cowdery.                                                                                                                        
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if there's  a current  civil penalty                                                               
for illegal window tinting.                                                                                                     
                                                                                                                                
SENATOR  FRENCH  replied that  there  is  a  $150 fine  which  is                                                               
correctable  if the  owner can  prove that  the tinting  has been                                                               
removed.                                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  only the owner  is fined  and not                                                               
the installer.                                                                                                                  
                                                                                                                                
SENATOR FRENCH replied that the ticket is issued to the driver.                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI asked  for the  number of  people who  have                                                               
been fined under current law.                                                                                                   
                                                                                                                                
SENATOR FRENCH said that he would have to research the topic.                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI commented that if  the installer of a car is                                                               
unknown, the bill essentially provides an exemption.                                                                            
                                                                                                                                
SENATOR FRENCH  said that the  operation of a tinted  car remains                                                               
illegal, and officers can cite drivers for improper tinting.                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI  asked if the  bill only applies  to tinting                                                               
installers, and not car owners.                                                                                                 
                                                                                                                                
SENATOR FRENCH said that was correct.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI said that under  SB 78, if someone is pulled                                                               
over with tinted windows there's no recourse that can be taken.                                                                 
                                                                                                                                
SENATOR FRENCH replied that the  owner can be penalized according                                                               
to current law.                                                                                                                 
                                                                                                                                
1:40:52 PM                                                                                                                    
                                                                                                                                
SENATOR  WILKEN said  that  former Senator  Steve  Frank put  the                                                               
tinting law on the books,  and explained that there are different                                                               
degrees of  tinting for car  windows. He  said that tinting  is a                                                               
safety hazard not  only for traffic police but  for other drivers                                                               
as well who cannot interact visually.                                                                                           
                                                                                                                                
SENATOR FRENCH said that he agreed.                                                                                             
                                                                                                                                
SENATOR COWDERY  related a personal  story about  window tinting,                                                               
and asked if  there is a grandfather clause in  the bill for cars                                                               
with windows tinted by the manufacturer.                                                                                        
                                                                                                                                
SENATOR FRENCH  replied that  car manufacturers  generally follow                                                               
regulations  for  window tinting  and  such  cars should  not  be                                                               
affected by the bill.                                                                                                           
                                                                                                                                
SENATOR  COWDERY  related  another personal  story  about  window                                                               
tinting.                                                                                                                        
                                                                                                                                
1:43:34 PM                                                                                                                    
                                                                                                                                
MARGARET AUTH,  representing herself, said that  she is delighted                                                               
with SB 78 because as a  pedestrian and bicyclist she cannot make                                                               
eye  contact with  drivers  with tinted  windows  and it  creates                                                               
dangerous situations on  the road. She added that  kids and older                                                               
people who  take longer to cross  roads are in even  more danger,                                                               
and  also that  unfamiliar  cars and  drivers  in a  neighborhood                                                               
should be  able to be  identified by  locals. She then  related a                                                               
personal story about window tinting.                                                                                            
                                                                                                                                
1:47:03 PM                                                                                                                    
                                                                                                                                
RODNEY  DIAL, Lieutenant  with the  Alaska State  Troopers (AST),                                                               
said that the AST supports the  bill which will reduce the number                                                               
of  citations on  a  yearly basis  by reaching  the  root of  the                                                               
problem;  he added  that removal  of tinting  usually results  in                                                               
damage to cars.                                                                                                                 
                                                                                                                                
1:48:20 PM                                                                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI   asked  if  the  bill   would  be  equally                                                               
effective  if the  installers were  not  criminalized but  simply                                                               
fined.                                                                                                                          
                                                                                                                                
MR.  DIAL said  that he  hadn't  considered that,  but that  some                                                               
penalty besides a fine would insure proper tinting use.                                                                         
                                                                                                                                
1:49:51 PM                                                                                                                    
                                                                                                                                
SENATOR COWDERY moved to report SB 78 from committee with                                                                       
individual recommendations and attached fiscal note(s). There                                                                   
being no objection, the motion carried.                                                                                         
                                                                                                                                
CHAIR KOOKESH, seeing no further business to come before the                                                                    
committee, adjourned the meeting at 1:50:21 PM.                                                                               
                                                                                                                                

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