Bill Text: IL HB5784 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Includes melanoma as one of the diseases that would create an exemption for tinted films or other window treatments on a motor vehicle, if all other conditions are satisfied.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-11 - Referred to Rules Committee [HB5784 Detail]

Download: Illinois-2015-HB5784-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5784 Introduced , by Rep. Sara Wojcicki Jimenez SYNOPSIS AS INTRODUCED:
625 ILCS 5/12-503 from Ch. 95 1/2, par. 12-503
Amends the Illinois Vehicle Code. Includes melanoma as one of the diseases that would create an exemption for tinted films or other window treatments on a motor vehicle, if all other conditions are satisfied.
LRB099 16747 AXK 41088 b
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 12-503 as follows:
(625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
Sec. 12-503. Windshields must be unobstructed and equipped
with wipers.
(a) No person shall drive a motor vehicle with any sign,
poster, window application, reflective material, nonreflective
material or tinted film upon the front windshield, except that
a nonreflective tinted film may be used along the uppermost
portion of the windshield if such material does not extend more
than 6 inches down from the top of the windshield.
(a-5) No window treatment or tinting shall be applied to
the windows immediately adjacent to each side of the driver,
except:
(1) On vehicles where none of the windows to the rear
of the driver's seat are treated in a manner that allows
less than 30% light transmittance, a nonreflective tinted
film that allows at least 50% light transmittance, with a
5% variance observed by any law enforcement official
metering the light transmittance, may be used on the

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vehicle windows immediately adjacent to each side of the
driver.
(2) On vehicles where none of the windows to the rear
of the driver's seat are treated in a manner that allows
less than 35% light transmittance, a nonreflective tinted
film that allows at least 35% light transmittance, with a
5% variance observed by any law enforcement official
metering the light transmittance, may be used on the
vehicle windows immediately adjacent to each side of the
driver.
(3) (Blank).
(4) On vehicles where a nonreflective smoked or tinted
glass that was originally installed by the manufacturer on
the windows to the rear of the driver's seat, a
nonreflective tint that allows at least 50% light
transmittance, with a 5% variance observed by a law
enforcement official metering the light transmittance, may
be used on the vehicle windows immediately adjacent to each
side of the driver.
(a-10) No person shall install or repair any material
prohibited by subsection (a) of this Section.
(1) Nothing in this subsection shall prohibit a person
from removing or altering any material prohibited by
subsection (a) to make a motor vehicle comply with the
requirements of this Section.
(2) Nothing in this subsection shall prohibit a person

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from installing window treatment for a person with a
medical condition described in subsection (g) of this
Section. An installer who installs window treatment for a
person with a medical condition described in subsection (g)
must obtain a copy of the certified statement or letter
written by a physician described in subsection (g) from the
person with the medical condition prior to installing the
window treatment. The copy of the certified statement or
letter must be kept in the installer's permanent records.
(b) On motor vehicles where window treatment has not been
applied to the windows immediately adjacent to each side of the
driver, the use of a perforated window screen or other
decorative window application on windows to the rear of the
driver's seat shall be allowed.
(b-5) Any motor vehicle with a window to the rear of the
driver's seat treated in this manner shall be equipped with a
side mirror on each side of the motor vehicle which are in
conformance with Section 12-502.
(c) No person shall drive a motor vehicle with any objects
placed or suspended between the driver and the front
windshield, rear window, side wings or side windows immediately
adjacent to each side of the driver which materially obstructs
the driver's view.
(d) Every motor vehicle, except motorcycles, shall be
equipped with a device, controlled by the driver, for cleaning
rain, snow, moisture or other obstructions from the windshield;

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and no person shall drive a motor vehicle with snow, ice,
moisture or other material on any of the windows or mirrors,
which materially obstructs the driver's clear view of the
highway.
(e) No person shall drive a motor vehicle when the
windshield, side or rear windows are in such defective
condition or repair as to materially impair the driver's view
to the front, side or rear. A vehicle equipped with a side
mirror on each side of the vehicle which are in conformance
with Section 12-502 will be deemed to be in compliance in the
event the rear window of the vehicle is materially obscured.
(f) Paragraphs (a), (a-5), (b), and (b-5) of this Section
shall not apply to:
(1) (Blank).
(2) those motor vehicles properly registered in
another jurisdiction.
(g) Paragraphs (a) and (a-5) of this Section shall not
apply to window treatment, including but not limited to a
window application, nonreflective material, or tinted film,
applied or affixed to a motor vehicle for which distinctive
license plates or license plate stickers have been issued
pursuant to subsection (k) of Section 3-412 of this Code, and
which:
(1) is owned and operated by a person afflicted with or
suffering from a medical disease, including but not limited
to systemic or discoid lupus erythematosus, disseminated

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superficial actinic porokeratosis, melanoma, or albinism,
which would require that person to be shielded from the
direct rays of the sun; or
(2) is used in transporting a person when the person
resides at the same address as the registered owner of the
vehicle and the person is afflicted with or suffering from
a medical disease which would require the person to be
shielded from the direct rays of the sun, including but not
limited to systemic or discoid lupus erythematosus,
disseminated superficial actinic porokeratosis, melanoma,
or albinism.
The owner must obtain a certified statement or letter
written by a physician licensed to practice medicine in
Illinois that such person owning and operating or being
transported in a motor vehicle is afflicted with or suffers
from such disease, including but not limited to systemic or
discoid lupus erythematosus, disseminated superficial
actinic porokeratosis, melanoma, or albinism. However, no
exemption from the requirements of subsection (a-5) shall
be granted for any condition, such as light sensitivity,
for which protection from the direct rays of the sun can be
adequately obtained by the use of sunglasses or other eye
protective devices.
Such certification must be carried in the motor vehicle
at all times. The certification shall be legible and shall
contain the date of issuance, the name, address and

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signature of the attending physician, and the name,
address, and medical condition of the person requiring
exemption. The information on the certificate for a window
treatment must remain current and shall be renewed every 4
years by the attending physician. The owner shall also
submit a copy of the certification to the Secretary of
State. The Secretary of State may forward notice of
certification to law enforcement agencies.
(g-5) (Blank).
(g-7) Installers shall only install window treatment
authorized by subsection (g) on motor vehicles for which
distinctive plates or license plate stickers have been issued
pursuant to subsection (k) of Section 3-412 of this Code. The
distinctive license plates or plate sticker must be on the
motor vehicle at the time of window treatment installation.
(h) Paragraph (a) of this Section shall not apply to motor
vehicle stickers or other certificates issued by State or local
authorities which are required to be displayed upon motor
vehicle windows to evidence compliance with requirements
concerning motor vehicles.
(i) (Blank).
(j) A person found guilty of violating paragraphs (a),
(a-5), (a-10), (b), (b-5), or (g-7) of this Section shall be
guilty of a petty offense and fined no less than $50 nor more
than $500. A second or subsequent violation of paragraphs (a),
(a-5), (a-10), (b), (b-5), or (g-7) of this Section shall be

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treated as a Class C misdemeanor and the violator fined no less
than $100 nor more than $500. Any person convicted under
paragraphs (a), (a-5), (b), or (b-5) of this Section shall be
ordered to alter any nonconforming windows into compliance with
this Section.
(k) Nothing in this Section shall create a cause of action
on behalf of a buyer against a vehicle dealer or manufacturer
who sells a motor vehicle with a window which is in violation
of this Section.
(l) The Secretary of State shall provide a notice of the
requirements of this Section to a new resident applying for
vehicle registration in this State pursuant to Section 3-801 of
this Code. The Secretary of State may comply with this
subsection by posting the requirements of this Section on the
Secretary of State's website.
(m) A home rule unit may not regulate motor vehicles in a
manner inconsistent with this Section. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(Source: P.A. 98-153, eff. 1-1-14; 98-737, eff. 1-1-15.)