Bill Text: IA SF48 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act providing for an exception to motor vehicle window tint limitations for persons with certain medical conditions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-01-25 - Subcommittee recommends indefinite postponement. []. [SF48 Detail]

Download: Iowa-2023-SF48-Introduced.html
Senate File 48 - Introduced SENATE FILE 48 BY SALMON A BILL FOR An Act providing for an exception to motor vehicle window tint 1 limitations for persons with certain medical conditions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1282XS (2) 90 th/ns
S.F. 48 Section 1. Section 321.438, subsection 2, Code 2023, 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 sidewing forward 5 of and to the left or right of the driver which is excessively 6 dark or reflective so that it is difficult for a person outside 7 the motor vehicle to see into the motor vehicle through the 8 windshield, window, or sidewing. 9 a. b. The department shall adopt do all of the following: 10 (1) Adopt rules to administer this subsection, including 11 establishing a minimum measurable standard of transparency 12 which shall apply to violations of this subsection paragraph 13 “a” . 14 b. (2) This subsection Prescribe a form affidavit to be 15 used as described in paragraph “c” , subparagraph (2). 16 (3) Design and issue a decal to be displayed as required in 17 paragraph “c” , subparagraph (2). 18 c. Paragraph “a” does not apply to a any of the following: 19 (1) A person who operates a motor vehicle owned or leased 20 by a federal, state, or local law enforcement agency if the 21 operation is part of the person’s official duties. 22 (2) A person who possesses an affidavit signed by a 23 physician licensed under chapter 148, a physician assistant 24 licensed under chapter 148C, a chiropractor licensed under 25 chapter 151, an advanced registered nurse practitioner licensed 26 under chapter 152, or an optometrist licensed under chapter 27 154 stating that the person has a medical condition involving 28 extreme sensitivity to light that makes it necessary for a 29 motor vehicle operated by the person to be equipped with a 30 front windshield, side window, or sidewing that exceeds the 31 minimum measurable standard of transparency established by the 32 department, and who operates the motor vehicle in compliance 33 with this subparagraph. 34 (a) The person shall carry a copy of the affidavit in the 35 -1- LSB 1282XS (2) 90 th/ns 1/ 3
S.F. 48 motor vehicle at all times. 1 (b) The person shall not operate on the highway a motor 2 vehicle equipped with a front windshield, a side window to the 3 immediate right or left of the driver, or a sidewing forward 4 of and to the left or right of the driver which does not meet a 5 minimum standard of transparency of thirty-five percent light 6 transmittance. 7 (c) The person shall affix the decal issued by the 8 department on the rear window of the motor vehicle for the 9 purpose of informing law enforcement that the motor vehicle may 10 be operated by a person who is medically exempt from paragraph 11 “a” . 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 Current law prohibits a person from operating on the highway 16 a motor vehicle that is equipped with a front windshield, side 17 window, or sidewing (window) which is excessively dark or 18 reflective such that it is difficult for a person outside the 19 motor vehicle to see into the motor vehicle through the window. 20 By administrative rule, the department of transportation (DOT) 21 defines “excessively dark or reflective” to mean that the 22 window does not meet a minimum standard of transparency of 70 23 percent light transmittance. 24 This bill provides an exception to the prohibition on 25 excessively dark or reflective motor vehicle windows where the 26 person operating the motor vehicle has an affidavit signed 27 by a physician, physician assistant, chiropractor, advanced 28 registered nurse practitioner, or optometrist licensed under 29 Iowa law stating that the person has a medical condition 30 involving extreme sensitivity to light that makes it necessary 31 for a motor vehicle operated by the person to be equipped with 32 a window that would otherwise be prohibited. However, the 33 bill requires the window to still meet a minimum standard of 34 transparency of 35 percent light transmittance. 35 -2- LSB 1282XS (2) 90 th/ns 2/ 3
S.F. 48 The bill requires the DOT to prescribe a form affidavit 1 and design and issue a window decal. A person who operates 2 a motor vehicle with window tint meeting a minimum standard 3 of transparency of between 35 percent and 70 percent light 4 transmittance under the bill must carry the affidavit in the 5 vehicle at all times and affix the decal issued by the DOT to 6 the rear window of the motor vehicle to inform law enforcement 7 officers that the vehicle may be operated by a person who 8 is medically exempt from the 70 percent light transmittance 9 requirement. 10 A violation of Code section 321.438 is punishable by a 11 scheduled fine of $70. 12 -3- LSB 1282XS (2) 90 th/ns 3/ 3
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