Bill Text: IA SF2149 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the minimum standard of transparency for motor vehicle window tint, providing penalties, and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2020-02-11 - Subcommittee recommends amendment and passage. [SF2149 Detail]

Download: Iowa-2019-SF2149-Introduced.html
Senate File 2149 - Introduced SENATE FILE 2149 BY EDLER A BILL FOR An Act relating to the minimum standard of transparency for 1 motor vehicle window tint, providing penalties, and making 2 penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6165XS (1) 88 mo/ns
S.F. 2149 Section 1. Section 321.438, subsection 2, Code 2020, is 1 amended to read as follows: 2 2. a. A person shall not operate on the highway a motor 3 vehicle equipped with a front windshield, a side window to the 4 immediate right or left of the driver, or a side-wing sidewing 5 forward of and to the left or right of the driver which is 6 excessively dark or reflective so that it is difficult for a 7 person outside the motor vehicle to see into the motor vehicle 8 through the windshield, window, or sidewing does not meet a 9 minimum standard of transparency of thirty-five percent light 10 transmittance . The department shall adopt rules establishing a 11 minimum measurable standard of transparency which shall apply 12 to violations of this subsection . 13 b. If a peace officer stops a motor vehicle equipped with a 14 side window to the immediate right or left of the driver which 15 has a transparency of seventy percent light transmittance or 16 less, the driver shall lower the side window on the side of the 17 officer’s approach of the vehicle to the side window’s lowest 18 possible position prior to the completion of the officer’s 19 approach of the vehicle, and shall keep the side window in the 20 lowest possible position for the duration of the stop unless 21 otherwise instructed by the officer. A person convicted of a 22 violation of this paragraph is guilty of a simple misdemeanor 23 punishable as a scheduled violation under section 805.8A, 24 subsection 14, paragraph “m” . However, if the violation is a 25 person’s first violation of this paragraph, and the person has 26 not previously been issued a warning memorandum for a violation 27 of this paragraph, the officer shall issue a warning memorandum 28 to the driver in lieu of a citation. 29 Sec. 2. Section 805.8A, subsection 3, paragraph ag, Code 30 2020, is amended to read as follows: 31 ag. Section 321.438 , subsection 1, subsection 2, paragraph 32 “a” , and subsection 3 . . . . . . . . . . . . . . . . . . . . . $ 50. 33 Sec. 3. Section 805.8A, subsection 14, Code 2020, is amended 34 by adding the following new paragraph: 35 -1- LSB 6165XS (1) 88 mo/ns 1/ 3
S.F. 2149 NEW PARAGRAPH . m. Failure to lower tinted side window. For 1 violations under section 321.438, subsection 2, paragraph “b” , 2 the scheduled fine is twenty dollars. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 Under current law, a person is prohibited from operating a 7 motor vehicle equipped with a front windshield, a side window 8 to the immediate right or left of the driver, or a sidewing 9 forward of and to the left or right of the driver which is 10 excessively dark or reflective so that it is difficult for 11 a person outside the motor vehicle to see into the motor 12 vehicle through the windshield, window, or sidewing. Under 13 rules adopted by the department of transportation (761 IAC 14 450.7), “excessively dark or reflective” means the windshield, 15 side window, or sidewing does not meet a minimum standard of 16 transparency of 70 percent light transmittance. 17 This bill prohibits a person from operating a motor vehicle 18 equipped with a front windshield, a side window to the 19 immediate right or left of the driver, or a sidewing forward 20 of and to the left or right of the driver which does not 21 meet a minimum standard of transparency of 35 percent light 22 transmittance. The bill also strikes the provision requiring 23 the department of transportation to adopt rules establishing a 24 minimum measurable standard of transparency. A violation of 25 this provision of the bill is punishable by a scheduled fine 26 of $50. 27 The bill also provides that if a peace officer stops a motor 28 vehicle equipped with a side window to the immediate right or 29 left of the driver which has a transparency of 70 percent light 30 transmittance or less, the driver must lower the side window 31 on the side of the officer’s approach of the vehicle to the 32 side window’s lowest possible position prior to the completion 33 of the officer’s approach of the vehicle, and must keep the 34 side window in the lowest possible position for the duration 35 -2- LSB 6165XS (1) 88 mo/ns 2/ 3
S.F. 2149 of the stop unless otherwise instructed by the officer. A 1 violation of this provision of the bill is punishable by a 2 scheduled fine of $20. However, if the violation is a person’s 3 first violation, and the person has not previously been issued 4 a warning memorandum for a similar violation, the officer is 5 required to issue a warning memorandum to the driver in lieu 6 of a citation. 7 -3- LSB 6165XS (1) 88 mo/ns 3/ 3
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