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.