Bill Text: IA SF163 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to motor vehicle window tint, including an application process for approved window tint status, making appropriations, providing penalties, and making penalties applicable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-02-13 - Subcommittee recommends indefinite postponement. []. [SF163 Detail]
Download: Iowa-2023-SF163-Introduced.html
Senate
File
163
-
Introduced
SENATE
FILE
163
BY
EDLER
A
BILL
FOR
An
Act
relating
to
motor
vehicle
window
tint,
including
an
1
application
process
for
approved
window
tint
status,
making
2
appropriations,
providing
penalties,
and
making
penalties
3
applicable.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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th/ns
S.F.
163
Section
1.
Section
321.145,
subsection
2,
unnumbered
1
paragraph
1,
Code
2023,
is
amended
to
read
as
follows:
2
Revenues
derived
from
trailer
registration
fees
collected
3
pursuant
to
sections
321.105
and
321.105A
,
fees
charged
for
4
driver’s
licenses
and
nonoperator’s
identification
cards,
fees
5
charged
for
commercial
driver’s
license
driving
skills
tests
6
pursuant
to
section
321.187A
,
fees
charged
for
the
issuance
7
of
a
certificate
of
title,
the
certificate
of
title
surcharge
8
collected
pursuant
to
section
321.52A
,
and
revenues
credited
9
pursuant
to
section
423.43,
subsection
2
,
and
section
423C.5
,
10
and
fees
charged
for
approved
window
tint
status
pursuant
to
11
section
321.438,
shall
be
deposited
in
a
fund
to
be
known
12
as
the
statutory
allocations
fund
under
the
control
of
the
13
department
and
credited
as
follows:
14
Sec.
2.
Section
321.145,
subsection
2,
paragraph
a,
Code
15
2023,
is
amended
by
adding
the
following
new
subparagraph:
16
NEW
SUBPARAGRAPH
.
(4)
An
amount
equal
to
the
fees
received
17
pursuant
to
section
321.438
shall
be
credited
to
the
department
18
of
public
safety
for
use
by
the
division
of
state
patrol
for
19
purposes
of
training
and
equipment.
20
Sec.
3.
Section
321.152,
subsection
1,
Code
2023,
is
amended
21
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
h.
Two
dollars
and
fifty
cents
plus
seventy
23
percent
of
the
remaining
amount
from
each
application
fee
24
collected
for
approved
window
tint
status.
25
Sec.
4.
Section
321.438,
subsection
2,
Code
2023,
is
amended
26
to
read
as
follows:
27
2.
a.
A
person
shall
not
operate
on
the
highway
a
motor
28
vehicle
equipped
with
a
front
windshield,
a
side
window
to
the
29
immediate
right
or
left
of
the
driver,
or
a
sidewing
forward
30
of
and
to
the
left
or
right
of
the
driver
which
is
excessively
31
dark
or
reflective
so
that
it
is
difficult
for
a
person
outside
32
the
motor
vehicle
to
see
into
the
motor
vehicle
through
the
33
windshield,
window,
or
sidewing.
34
a.
b.
The
department
shall
adopt
rules
establishing
a
35
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163
minimum
measurable
standard
of
transparency
which
shall
apply
1
to
violations
of
this
subsection
paragraph
“a”
.
2
c.
(1)
The
registered
owner
of
a
vehicle
may
file
an
3
application
for
approved
window
tint
status
for
the
vehicle
4
with
the
department
through
the
county
treasurer
of
the
county
5
where
the
vehicle
is
registered.
The
application
shall
be
6
accompanied
by
a
fee
of
fifty-five
dollars.
A
person
may
apply
7
for
approved
window
tint
status
for
each
vehicle
on
which
8
the
person
is
a
registered
owner,
but
shall
pay
the
fee
for
9
each
vehicle
for
which
the
person
applies.
Upon
receipt
of
a
10
valid
application
accompanied
by
the
required
fee,
the
county
11
treasurer
shall
note
the
approved
window
tint
status
of
the
12
vehicle
in
the
electronic
database
used
by
the
department
and
13
law
enforcement
to
access
registration,
titling,
and
driver’s
14
license
information.
15
(2)
Notwithstanding
paragraph
“a”
,
a
person
may
operate
a
16
vehicle
with
approved
window
tint
status
that
is
equipped
with
17
a
front
windshield,
a
side
window
to
the
immediate
right
or
18
left
of
the
driver,
or
a
sidewing
forward
of
and
to
the
left
or
19
right
of
the
driver
with
a
transparency
of
thirty-five
percent
20
light
transmittance
or
greater.
21
(3)
The
county
treasurer
shall
retain
for
deposit
in
the
22
county
general
fund
two
dollars
and
fifty
cents
from
every
23
application
fee
for
approved
window
tint
status.
The
remaining
24
portion
of
fees
shall
be
distributed
in
the
following
manner:
25
(a)
Seventy
percent
shall
be
retained
by
the
county
and
used
26
for
purposes
of
local
law
enforcement
training
and
equipment.
27
(b)
Thirty
percent
shall
be
transferred
to
the
treasurer
of
28
state
and
deposited
in
the
statutory
allocations
fund
created
29
under
section
321.145.
30
(4)
The
department
shall
adopt
rules
in
accordance
with
31
chapter
17A
to
administer
this
paragraph.
32
d.
If
a
peace
officer
stops
a
motor
vehicle
equipped
with
a
33
side
window
to
the
immediate
right
or
left
of
the
driver
which
34
does
not
meet
the
minimum
measurable
standard
of
transparency,
35
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163
as
adopted
by
the
department
under
paragraph
“b”
,
the
driver
1
shall
lower
the
side
window
on
the
side
of
the
officer’s
2
approach
of
the
vehicle
to
the
side
window’s
lowest
possible
3
position
prior
to
the
completion
of
the
officer’s
approach
4
of
the
vehicle,
and
shall
keep
the
side
window
in
the
lowest
5
possible
position
for
the
duration
of
the
stop
unless
otherwise
6
instructed
by
the
officer.
A
person
convicted
of
a
violation
7
of
this
paragraph
is
guilty
of
a
simple
misdemeanor
punishable
8
as
a
scheduled
violation
under
section
805.8A,
subsection
14,
9
paragraph
“q”
.
However,
if
the
violation
is
a
person’s
first
10
violation
of
this
paragraph,
and
the
person
has
not
previously
11
been
issued
a
warning
memorandum
for
a
violation
of
this
12
paragraph,
the
officer
shall
issue
a
warning
memorandum
to
the
13
driver
in
lieu
of
a
citation.
14
b.
e.
This
subsection
does
not
apply
to
a
person
who
15
operates
a
motor
vehicle
owned
or
leased
by
a
federal,
state,
16
or
local
law
enforcement
agency
if
the
operation
is
part
of
the
17
person’s
official
duties.
18
Sec.
5.
Section
805.8A,
subsection
3,
paragraph
ai,
Code
19
2023,
is
amended
to
read
as
follows:
20
ai.
Section
321.438
,
subsection
1,
subsection
2,
paragraphs
21
“a”
and
“c”
,
and
subsection
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
70.
22
Sec.
6.
Section
805.8A,
subsection
14,
Code
2023,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
q.
Failure
to
lower
tinted
side
window.
For
25
violations
under
section
321.438,
subsection
2,
paragraph
“d”
,
26
the
scheduled
fine
is
twenty
dollars.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
Under
current
law,
a
person
is
prohibited
from
operating
31
a
motor
vehicle
equipped
with
a
front
windshield,
a
side
32
window
to
the
immediate
right
or
left
of
the
driver,
or
a
33
sidewing
forward
of
and
to
the
left
or
right
of
the
driver
34
(window)
which
is
excessively
dark
or
reflective
so
that
it
is
35
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5
S.F.
163
difficult
for
a
person
outside
the
motor
vehicle
to
see
into
1
the
motor
vehicle
through
the
window.
Under
rules
adopted
by
2
the
department
of
transportation
(761
IAC
450.7),
“excessively
3
dark
or
reflective”
means
the
window
does
not
meet
a
minimum
4
standard
of
transparency
of
70
percent
light
transmittance.
5
However,
the
requirement
does
not
apply
to
a
person
who
6
operates
a
motor
vehicle
owned
or
leased
by
a
federal,
state,
7
or
local
law
enforcement
agency
if
the
operation
is
part
of
the
8
person’s
official
duties.
9
This
bill
allows
a
registered
owner
of
a
vehicle
to
apply
10
for
approved
window
tint
status,
which
permits
the
vehicle
to
11
be
operated
while
equipped
with
a
window
that
meets
a
minimum
12
standard
of
transparency
of
35
percent
light
transmittance
or
13
greater.
14
Applications
for
approved
window
tint
status
must
be
filed
15
with
the
department
of
transportation
(DOT)
through
the
county
16
treasurer
of
the
county
where
the
vehicle
is
registered.
Upon
17
receipt
of
a
valid
application
and
fee,
the
county
treasurer
18
must
note
the
approved
window
tint
status
of
the
vehicle
in
19
the
electronic
database
used
by
the
DOT
and
law
enforcement
to
20
access
certain
vehicle
and
driver
information.
21
The
application
fee
is
$55
per
vehicle.
Of
each
fee,
22
$2.50
plus
70
percent
of
the
remaining
fee
is
retained
by
23
the
county
treasurer
for
deposit
in
the
county
general
fund,
24
which
percentage
must
be
used
by
the
county
for
purposes
of
25
local
law
enforcement
training
and
equipment.
The
remaining
26
30
percent
of
the
fee
must
be
transferred
to
the
treasurer
of
27
state
and
deposited
in
the
statutory
allocations
fund.
The
28
treasurer
of
state
is
required
to
transfer
the
amount
of
the
29
collected
fees
each
month
from
the
statutory
allocations
fund
30
to
the
department
of
public
safety
for
purposes
of
state
patrol
31
training
and
equipment.
32
The
bill
also
provides
that
if
a
peace
officer
stops
a
motor
33
vehicle
equipped
with
a
side
window
to
the
immediate
right
or
34
left
of
the
driver
which
has
a
transparency
of
70
percent
light
35
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163
transmittance
or
less,
the
driver
must
lower
the
side
window
1
on
the
side
of
the
officer’s
approach
of
the
vehicle
to
the
2
side
window’s
lowest
possible
position
prior
to
the
completion
3
of
the
officer’s
approach
of
the
vehicle,
and
must
keep
the
4
side
window
in
the
lowest
possible
position
for
the
duration
5
of
the
stop
unless
otherwise
instructed
by
the
officer.
A
6
violation
of
this
provision
of
the
bill
is
punishable
by
a
7
scheduled
fine
of
$20.
However,
if
the
violation
is
a
person’s
8
first
violation,
and
the
person
has
not
previously
been
issued
9
a
warning
memorandum
for
a
similar
violation,
the
officer
is
10
required
to
issue
a
warning
memorandum
to
the
driver
in
lieu
11
of
a
citation.
12
An
equipment-related
violation
of
Code
section
321.438
is
13
punishable
by
a
scheduled
fine
of
$70.
14
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