Bill Text: IA SF194 | 2021-2022 | 89th 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.(See SF 332.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-02-11 - Committee report approving bill, renumbered as SF 332. S.J. 340. [SF194 Detail]
Download: Iowa-2021-SF194-Introduced.html
Senate
File
194
-
Introduced
SENATE
FILE
194
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
TLSB
1967XS
(8)
89
th/ns
S.F.
194
Section
1.
Section
321.145,
subsection
2,
unnumbered
1
paragraph
1,
Code
2021,
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,
5
fees
charged
for
the
issuance
of
a
certificate
of
title,
the
6
certificate
of
title
surcharge
collected
pursuant
to
section
7
321.52A
,
and
revenues
credited
pursuant
to
section
423.43,
8
subsection
2
,
and
section
423C.5
,
and
fees
charged
for
approved
9
window
tint
status
pursuant
to
section
321.438,
shall
be
10
deposited
in
a
fund
to
be
known
as
the
statutory
allocations
11
fund
under
the
control
of
the
department
and
credited
as
12
follows:
13
Sec.
2.
Section
321.145,
subsection
2,
paragraph
a,
Code
14
2021,
is
amended
by
adding
the
following
new
subparagraph:
15
NEW
SUBPARAGRAPH
.
(4)
An
amount
equal
to
the
fees
received
16
pursuant
to
section
321.438
shall
be
credited
to
the
department
17
of
public
safety
for
use
by
the
division
of
state
patrol
for
18
purposes
of
training
and
equipment.
19
Sec.
3.
Section
321.152,
subsection
1,
Code
2021,
is
amended
20
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
h.
Two
dollars
and
fifty
cents
plus
seventy
22
percent
of
the
remaining
amount
from
each
application
fee
23
collected
for
approved
window
tint
status.
24
Sec.
4.
Section
321.438,
subsection
2,
Code
2021,
is
amended
25
to
read
as
follows:
26
2.
a.
A
person
shall
not
operate
on
the
highway
a
motor
27
vehicle
equipped
with
a
front
windshield,
a
side
window
to
the
28
immediate
right
or
left
of
the
driver,
or
a
side-wing
sidewing
29
forward
of
and
to
the
left
or
right
of
the
driver
which
is
30
excessively
dark
or
reflective
so
that
it
is
difficult
for
a
31
person
outside
the
motor
vehicle
to
see
into
the
motor
vehicle
32
through
the
windshield,
window,
or
sidewing.
The
department
33
shall
adopt
rules
establishing
a
minimum
measurable
standard
34
of
transparency
which
shall
apply
to
violations
of
this
35
-1-
LSB
1967XS
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5
S.F.
194
subsection
.
1
b.
(1)
The
registered
owner
of
a
vehicle
may
file
an
2
application
for
approved
window
tint
status
for
the
vehicle
3
with
the
department
through
the
county
treasurer
of
the
county
4
where
the
vehicle
is
registered.
The
application
shall
be
5
accompanied
by
a
fee
of
fifty-five
dollars.
A
person
may
apply
6
for
approved
window
tint
status
for
each
vehicle
on
which
7
the
person
is
a
registered
owner,
but
shall
pay
the
fee
for
8
each
vehicle
for
which
the
person
applies.
Upon
receipt
of
a
9
valid
application
accompanied
by
the
required
fee,
the
county
10
treasurer
shall
note
the
approved
window
tint
status
of
the
11
vehicle
in
the
electronic
database
used
by
the
department
and
12
law
enforcement
to
access
registration,
titling,
and
driver’s
13
license
information.
14
(2)
Notwithstanding
paragraph
“a”
,
a
person
may
operate
a
15
vehicle
with
approved
window
tint
status
that
is
equipped
with
16
a
front
windshield,
a
side
window
to
the
immediate
right
or
17
left
of
the
driver,
or
a
sidewing
forward
of
and
to
the
left
or
18
right
of
the
driver
with
a
transparency
of
thirty-five
percent
19
light
transmittance
or
greater.
20
(3)
The
county
treasurer
shall
retain
for
deposit
in
the
21
county
general
fund
two
dollars
and
fifty
cents
from
every
22
application
fee
for
approved
window
tint
status.
The
remaining
23
portion
of
fees
shall
be
distributed
in
the
following
manner:
24
(a)
Seventy
percent
shall
be
retained
by
the
county
and
used
25
for
purposes
of
local
law
enforcement
training
and
equipment.
26
(b)
Thirty
percent
shall
be
transferred
to
the
treasurer
of
27
state
and
deposited
in
the
statutory
allocations
fund
created
28
under
section
321.145.
29
(4)
The
department
shall
adopt
rules
in
accordance
with
30
chapter
17A
to
administer
this
paragraph.
31
c.
If
a
peace
officer
stops
a
motor
vehicle
equipped
with
a
32
side
window
to
the
immediate
right
or
left
of
the
driver
which
33
has
a
transparency
of
seventy
percent
light
transmittance
or
34
less,
the
driver
shall
lower
the
side
window
on
the
side
of
the
35
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1967XS
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89
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S.F.
194
officer’s
approach
of
the
vehicle
to
the
side
window’s
lowest
1
possible
position
prior
to
the
completion
of
the
officer’s
2
approach
of
the
vehicle,
and
shall
keep
the
side
window
in
the
3
lowest
possible
position
for
the
duration
of
the
stop
unless
4
otherwise
instructed
by
the
officer.
A
person
convicted
of
a
5
violation
of
this
paragraph
is
guilty
of
a
simple
misdemeanor
6
punishable
as
a
scheduled
violation
under
section
805.8A,
7
subsection
14,
paragraph
“q”
.
However,
if
the
violation
is
a
8
person’s
first
violation
of
this
paragraph,
and
the
person
has
9
not
previously
been
issued
a
warning
memorandum
for
a
violation
10
of
this
paragraph,
the
officer
shall
issue
a
warning
memorandum
11
to
the
driver
in
lieu
of
a
citation.
12
Sec.
5.
Section
805.8A,
subsection
3,
paragraph
ah,
Code
13
2021,
is
amended
to
read
as
follows:
14
ah.
Section
321.438
,
subsection
1,
subsection
2,
paragraph
15
“a”
or
“b”
,
and
subsection
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
70.
16
Sec.
6.
Section
805.8A,
subsection
14,
Code
2021,
is
amended
17
by
adding
the
following
new
paragraph:
18
NEW
PARAGRAPH
.
q.
Failure
to
lower
tinted
side
window.
For
19
violations
under
section
321.438,
subsection
2,
paragraph
“c”
,
20
the
scheduled
fine
is
twenty
dollars.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
Under
current
law,
a
person
is
prohibited
from
operating
a
25
motor
vehicle
equipped
with
a
front
windshield,
a
side
window
26
to
the
immediate
right
or
left
of
the
driver,
or
a
sidewing
27
forward
of
and
to
the
left
or
right
of
the
driver
which
is
28
excessively
dark
or
reflective
so
that
it
is
difficult
for
29
a
person
outside
the
motor
vehicle
to
see
into
the
motor
30
vehicle
through
the
windshield,
window,
or
sidewing.
Under
31
rules
adopted
by
the
department
of
transportation
(761
IAC
32
450.7),
“excessively
dark
or
reflective”
means
the
windshield,
33
side
window,
or
sidewing
does
not
meet
a
minimum
standard
of
34
transparency
of
70
percent
light
transmittance.
35
-3-
LSB
1967XS
(8)
89
th/ns
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5
S.F.
194
This
bill
allows
a
registered
owner
of
a
vehicle
to
apply
1
for
approved
window
tint
status,
which
permits
the
vehicle
to
2
be
operated
while
equipped
with
a
front
windshield,
a
side
3
window
to
the
immediate
right
or
left
of
the
driver,
or
a
4
sidewing
forward
of
and
to
the
left
or
right
of
the
driver
that
5
meets
a
minimum
standard
of
transparency
of
35
percent
light
6
transmittance
or
greater.
7
Applications
for
approved
window
tint
status
must
be
filed
8
with
the
department
of
transportation
(DOT)
through
the
county
9
treasurer
of
the
county
where
the
vehicle
is
registered.
Upon
10
receipt
of
a
valid
application
and
fee,
the
county
treasurer
11
must
note
the
approved
window
tint
status
of
the
vehicle
in
12
the
electronic
database
used
by
the
DOT
and
law
enforcement
to
13
access
certain
vehicle
and
driver
information.
14
The
application
fee
is
$55
per
vehicle.
Of
each
fee,
15
$2.50
plus
70
percent
of
the
remaining
fee
is
retained
by
16
the
county
treasurer
for
deposit
in
the
county
general
fund,
17
which
percentage
must
be
used
by
the
county
for
purposes
of
18
local
law
enforcement
training
and
equipment.
The
remaining
19
30
percent
of
the
fee
must
be
transferred
to
the
treasurer
of
20
state
and
deposited
in
the
statutory
allocations
fund.
The
21
treasurer
of
state
is
required
to
transfer
the
amount
of
the
22
collected
fees
each
month
from
the
statutory
allocations
fund
23
to
the
department
of
public
safety
for
purposes
of
state
patrol
24
training
and
equipment.
25
The
bill
also
provides
that
if
a
peace
officer
stops
a
motor
26
vehicle
equipped
with
a
side
window
to
the
immediate
right
or
27
left
of
the
driver
which
has
a
transparency
of
70
percent
light
28
transmittance
or
less,
the
driver
must
lower
the
side
window
29
on
the
side
of
the
officer’s
approach
of
the
vehicle
to
the
30
side
window’s
lowest
possible
position
prior
to
the
completion
31
of
the
officer’s
approach
of
the
vehicle,
and
must
keep
the
32
side
window
in
the
lowest
possible
position
for
the
duration
33
of
the
stop
unless
otherwise
instructed
by
the
officer.
A
34
violation
of
this
provision
of
the
bill
is
punishable
by
a
35
-4-
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1967XS
(8)
89
th/ns
4/
5
S.F.
194
scheduled
fine
of
$20.
However,
if
the
violation
is
a
person’s
1
first
violation,
and
the
person
has
not
previously
been
issued
2
a
warning
memorandum
for
a
similar
violation,
the
officer
is
3
required
to
issue
a
warning
memorandum
to
the
driver
in
lieu
4
of
a
citation.
5
An
equipment-related
violation
of
Code
section
321.438
is
6
punishable
by
a
scheduled
fine
of
$70.
7
-5-
LSB
1967XS
(8)
89
th/ns
5/
5