ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
March 3, 2009
1:00 p.m.
MEMBERS PRESENT
Senator Albert Kookesh, Chair
Senator Bettye Davis
Senator Kevin Meyer
Senator Joe Paskvan
MEMBERS ABSENT
Senator Linda Menard, Vice Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 100
"An Act relating to the Joseph C. Williams, Sr., Coastal Trail."
MOVED HB 100 OUT OF COMMITTEE
SENATE BILL NO. 73
"An Act relating to the use of headlights when operating a motor
vehicle."
MOVED SB 73 OUT OF COMMITTEE
SENATE BILL NO. 59
"An Act relating to the operation of low-speed vehicles."
MOVED CSSB 59(TRA) OUT OF COMMITTEE
SENATE BILL NO. 51
"An Act relating to the installation of window tinting in
automobiles."
MOVED CSSB 51(TRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 100
SHORT TITLE: JOSEPH C WILLIAMS, SR., COASTAL TRAIL
SPONSOR(s): REPRESENTATIVE(s) JOHANSEN
01/30/09 (H) READ THE FIRST TIME - REFERRALS
01/30/09 (H) TRA
02/10/09 (H) TRA AT 1:00 PM CAPITOL 17
02/10/09 (H) Moved Out of Committee
02/10/09 (H) MINUTE(TRA)
02/11/09 (H) TRA RPT 6DP
02/11/09 (H) DP: JOHANSEN, MUNOZ, GRUENBERG,
JOHNSON, DOOGAN, WILSON
02/13/09 (H) TRANSMITTED TO (S)
02/13/09 (H) VERSION: HB 100
02/17/09 (S) READ THE FIRST TIME - REFERRALS
02/17/09 (S) TRA
03/03/09 (S) TRA AT 1:00 PM BUTROVICH 205
BILL: SB 73
SHORT TITLE: USE OF HEADLIGHTS REQUIRED
SPONSOR(s): SENATOR(s) MENARD
01/22/09 (S) READ THE FIRST TIME - REFERRALS
01/22/09 (S) TRA, JUD
03/03/09 (S) TRA AT 1:00 PM BUTROVICH 205
BILL: SB 59
SHORT TITLE: LOW- SPEED MOTOR VEHICLES
SPONSOR(s): SENATOR(s) STEDMAN
01/21/09 (S) PREFILE RELEASED 1/16/09
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) TRA, JUD
02/17/09 (S) TRA AT 1:00 PM BUTROVICH 205
02/17/09 (S) Heard & Held
02/17/09 (S) MINUTE(TRA)
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
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
WITNESS REGISTER
DAVID SCOTT, Staff
to Representative Kyle Johansen
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Introduced HB 100 on behalf of the sponsor.
MICHAEL ROVIDO, Staff
to Senator Menard
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Introduced SB 73 on behalf of the sponsor.
RODNEY DIAL, Lieutenant
Department of Public Safety
Ketchikan AK
POSITION STATEMENT: Answered questions related to SB 73 and
provided information on SB 51.
CINDY CASHEN, Administrator
Alaska Highway Safety Office
Department of Transportation &
Public Facilities
Juneau AK
POSITION STATEMENT: Spoke in support of SB 73.
KURT SMITH, Traffic and Safety Engineer
Department of Transportation
and Public Facilities
Juneau AK
POSITION STATEMENT: Talked about the signing requirements for
SB 73.
WESTON EILER, Staff
to Senator Stedman
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Provided information on SB 59 on behalf of
the sponsor.
ROGER HEALY, Chief Engineer
Department of Transportation and Public Facilities
Juneau AK
POSITION STATEMENT: Stated support for SB 59 on behalf of
DOTPF.
GERALD HERBRANDSON, representing himself
Petersburg AK
POSITION STATEMENT: Stated support for SB 59.
MEGAN PASTERNAK, representing herself
Sitka AK
POSITION STATEMENT: Stated support for SB 59.
ANDREW TONES, Executive Director
Sitka Conservation Society
Sitka AK
POSITION STATEMENT: Stated support for SB 59.
SENATOR HOLLIS FRENCH
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Sponsor of SB 51.
ANDY MODEROW, Staff
to Senator French
Alaska Capitol Building
Juneau AK
POSITION STATEMENT: Provided information on SB 51 on behalf of
the sponsor.
STEVE VINCENT, General Manager
Auto Trim Design
Fairbanks AK
POSITION STATEMENT: Spoke in opposition to SB 51 as written.
BOB BOSWOOD, President and CEO
Auto Trend Design
Fairbanks,
POSITION STATEMENT: Suggested the committee amend SB 51.
ACTION NARRATIVE
1:00:07 PM
CHAIR ALBERT KOOKESH called the Senate Transportation Standing
Committee meeting to order at 1:00 p.m. Present at the call to
order were Senators Davis, Paskvan, and Kookesh. Senator Meyer
arrived soon thereafter.
HB 100-JOSEPH C WILLIAMS, SR., COASTAL TRAIL
CHAIR KOOKESH announced the consideration of HB 100.
1:00:53 PM
DAVID SCOTT, Staff to Representative Kyle Johansen explained
that a trail between Ketchikan and Saxman was named the Joseph
C. Williams, Sr. Coastal Trail. The trail was subsequently
extended to Mountain Point, but under current statute the name
extends only as far as Saxman. HB 100 deletes that language and
renames the entire trail the Joseph C. Williams, Sr. Coastal
Trail. There is a zero fiscal note and letters of support from
various interested entities in the packet.
1:01:48 PM
CHAIR KOOKESH closed public testimony and asked the will of the
committee.
SENATOR DAVIS moved to report HB 100 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HB 100 moved from the Senate Transportation
Standing Committee.
At-ease from 1:02:18 PM to 1:03:10 PM.
SB 73-USE OF HEADLIGHTS REQUIRED
CHAIR KOOKESH announced the consideration of SB 73.
1:03:19 PM
MICHAEL ROVIDO, Staff to Senator Menard, said SB 73 will require
the use of headlights at all times for motor vehicles that are
operating on Alaska roads. The motivation for the bill is to
increase safety on roads in Alaska.
1:04:19 PM
SENATOR MEYER joined the committee.
The Alaska Strategic Highway Safety Plan also recommends
changing state law to require headlights to be switched on at
all times. Norway and Sweden, which have conditions similar to
Alaska, have headlight laws in effect and collisions have
decreased. The sponsor hopes that Alaska will see similar
reductions.
SENATOR PASKVAN asked if the definition of highway means
something other than roadway.
MR. ROVIDO explained that according to legislative legal, the
term "highway" is defined to encompass all public roadways in
Alaska.
CHAIR KOOKESH asked what the penalty would be for driving with
your headlights turned off.
MR. ROVIDO deferred the question to Lieutenant Dial.
RODNEY DIAL, Lieutenant, Department of Public Safety, said there
is a statute that requires the use of headlights at all times on
certain roads that are so posted. The penalty for failing to use
your headlights on those roads is $50 and two points.
SENATOR PASKVAN asked the penalty range for the infraction.
LIEUTENANT DIAL replied the fine is set at $50. The court can
reduce the fine but it won't exceed $50.
CHAIR KOOKESH asked if normal practice is to first issue a
warning.
LIEUTENANT DIAL said it's a low-level infraction and normal
practice is to stop the driver and remind him or her of the
headlight requirement.
1:07:34 PM
SENATOR PASKVAN commented that he thinks that driving with
vehicle lights turned on is highly prudent.
LIEUTENANT DIAL agreed; DPS has a long-standing policy requiring
the use of headlights at all times. Responding to a question
from the Chair, he said the department supports the bill.
CINDY CASHEN, Administrator, Alaska Highway Safety Office,
confirmed that the use of headlights at all times is one of the
projects listed in the Strategic Highway Safety Plan. It's on
the list because about 15 people in Alaska die every year in
head-on collisions. National data indicates that enforcing a
headlights-on law could eliminate between 7 and 15 percent of
these crashes. It's estimated that one life would be saved in
the first year following implementation so the effect would be
immediate.
Fulltime use of headlights is already required on the Seward
Highway and most people comply. Countries in the northern
hemisphere require headlights at all times because long twilight
periods and low sun angles produce shadows and make it difficult
to see vehicles. Nearly all the published reports indicate that
using headlights during the daytime reduces multiple vehicle
crashes. A 1985 U.S. study determined that commercial fleet
passenger vehicles that used headlights during the daytime were
involved in 7 percent fewer daytime multiple vehicle crashes
than similar vehicles that didn't use headlights. This is
significant for Alaska because of the size of its commercial
fleet.
1:11:07 PM
KURT SMITH, Traffic and Safety Engineer, Department of
Transportation & Public Facilities, said DOTPF would post signs
about required headlight use at points of entry, boarder
crossings, ferry terminals and airports. The zero fiscal note
will change to reflect the cost of that signage.
CHAIR KOOKESH asked if the new fiscal note would be ready when
the bill is heard in the next committee of referral.
MR. SMITH said yes.
SENATOR PASKVAN noted that the Strategic Highway Safety Plan
mentions 10 signs at an estimated cost of $10,000.
MR. SMITH said he believes it will be substantially more than
that.
CHAIR KOOKESH again asked for assurance that the new fiscal note
would be available when the bill is heard by the judiciary
committee.
1:13:00 PM
SENATOR MEYER suggested that the fiscal impact may be positive
since fines aren't currently collected and they will be in the
future. "That may more than offset the cost of the signs," he
said. When someone is pulled over for not having their lights
turned on, they could receive a $50 fine plus fines for other
offenses such as no child car seat or texting. It brings up the
point that people need to use common sense when they drive and
this will be a reminder.
CHAIR KOOKESH asked if the department supports the bill.
MR. SMITH said yes.
1:14:18 PM
CHAIR KOOKESH closed public testimony and asked for the will of
the committee. He restated that he is willing to move the bill
with the promise that the DOTPF fiscal note will be available
for the judiciary committee. It will also have a finance
referral.
SENATOR MEYER moved to report SB 73 from committee with
individual recommendations and forthcoming fiscal note(s). There
being no objection, SB 73 moved from the Senate Transportation
Standing Committee.
At ease at 1:15:15 PM.
SB 59 - LOW-SPEED MOTOR VEHICLES
1:16:17 PM
CHAIR KOOKESH announced the consideration of SB 59 and asked for
motion to adopt the committee substitute (CS).
SENATOR PASKVAN moved to adopt CS for SB 59, labeled 26-
LS0280\T, as the working document before the committee.
1:16:57 PM
WESTON EILER, Staff to Senator Stedman, explained the CS
incorporates the comments and concerns raised by the committee
and the Department of Transportation and Public Facilities.
Specifically, the bill now limits the expansion of low-speed
vehicles to municipalities with populations of less than 25,000
people and they may not be connected by major arteries and
highways to Anchorage or Fairbanks. Safety concerns that were
raised have been addressed as well as concerns about traffic
density. The bill will still allow small communities to expand
and have sustainable transportation with low-speed vehicles
including areas of the unorganized borough that are off the road
system.
CHAIR KOOKESH asked if the administration has further problems
with the bill.
MR. EILER replied they worked with DOTPF and incorporated their
concerns so there is agreement.
1:18:50 PM
ROGER HEALY, Chief Engineer, Department of Transportation and
Public Facilities, said, "The department is in support of the
scope and intent of this bill." They are always concerned with
vehicles that travel at different speeds but recognize that
rights of way have to accommodate a number of uses. "This is one
we're willing to support," he said.
1:19:39 PM
GERALD HERBRANDSON, representing himself, Petersburg, said he
has an alternative energy company and he has sold 9 low-speed
vehicles in the community. He supports the draft CS but would
recommend that the state make a positive statement about low-
speed vehicles and energy conservation and allow the use in all
communities of 25,000 population or less, unless the community
chooses to exempt itself.
CHAIR KOOKESH noted that a representative from the Division of
Motor Vehicles is online to answer questions.
1:21:20 PM
MEGAN PASTERNAK, representing herself, Sitka, thanked the
sponsor and his staff for their work on the bill and the
committee for holding a hearing. She has been a low-speed
electric vehicle owner and driver for more than a year. Besides
the 12 known low-speed vehicles in Southeast Alaska, there are
also 2 in Kodiak and possibly more throughout the state. SB 59
is about more than just cheap transportation; it is a much
needed step to help eliminate pollution and protect the
environment. This will encourage others to buy and use low-speed
vehicles. She is a very conscientious driver and is sure other
low-speed vehicle drivers are similarly conscientious. Her
understanding of why they are safe is that they are lightweight
and "when involved in a crash they tend to bounce away rather
than take the full impact force."
1:23:41 PM
ANDREW TONES, Executive Director, Sitka Conservation Society,
said the 700 conservation members in Sitka have expressed
considerable interest in being able to use electric vehicles in
town. A number of Sitkans have either bought electric vehicles
or converted their cars from gas-powered to electric. The
National Park Service and the U.S. Coast Guard also have
electric vehicles in Sitka. Making it possible to use these
vehicles and sending a message to auto manufacturers and the
federal government that laws are needed to allow these vehicles
is a tremendous step forward, he said.
CHAIR KOOKESH closed public testimony and opened committee
discussion.
1:25:31 PM
SENATOR PASKVAN commented that it's becoming an issue that more
vehicles aren't paying their fair share for highway maintenance.
Historically highway maintenance has been paid for through
federal and state motor vehicle tax. He questioned how roadways
will be maintained if vehicles aren't paying motor vehicle
taxes.
CHAIR KOOKESH asked the will of the committee.
SENATOR MEYER moved to report SB 59, \T version, from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 59(TRA) moved from the Senate
Transportation Standing Committee.
At ease at 1:26:41 PM.
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.
1:53:54 PM
There being no further business to come before the committee,
Chair Kookesh adjourned the Senate Transportation Standing
Committee meeting at 1:53 pm.