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.