Bill Text: NJ A3724 | 2012-2013 | Regular Session | Introduced
Bill Title: Removes registration requirement for providers of tinting materials on motor vehicle windshields and windows for medical reasons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-12 - Reported out of Assembly Committee, 2nd Reading [A3724 Detail]
Download: New_Jersey-2012-A3724-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Removes registration requirement for providers of tinting materials on motor vehicle windshields and windows for medical reasons.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain tinting of motor vehicle windshields and windows and amending P.L.1999, c.308.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1999, c.308 (C.39:3-75.2) is amended to read as follows:
2. The [director] chief administrator, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. The rules and regulations shall include, but shall not be limited to:
a. Standards and specifications governing the types of materials and products that may be applied to a motor vehicle windshield and windows under this act. These standards and specifications shall include the color of the materials or products, the maximum allowable percentage of total light reflectance of the materials or products, the maximum allowable percentage of the light transmittance and ultraviolet transmittance of the materials or products, and such other matters as the [director] chief administrator shall deem appropriate and necessary. In establishing the standards and specifications, the [director] chief administrator shall consider, to the greatest extent possible, the safety of law enforcement officers, who during the performance of their duties may find it necessary to inspect or otherwise observe the interior of a motor vehicle having a windshield and windows to which an approved material or product is applied.
b. The issuance of a certificate or card to each approved applicant authorizing the approved covering or treatment. The certificate or card shall be valid for a period of not more than 48 months and shall be exhibited to any law enforcement officer, when so requested, and to a designated motor vehicle examiner whenever the motor vehicle is inspected.
c. Standards and specifications governing the installation and application of approved materials and products, including the affixation of an appropriate label, in a manner and form prescribed by the [director] chief administrator, on each windshield and window to which an approved material or product is applied. The label may identify the name and the location of the installer and the name of the manufacturer of the material or product applied.
d. [The registration of persons in the business of installing or applying approved materials and products, including the establishment of a fee to cover the costs of that registration] (Deleted by amendment, P.L. c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1999, c.308, s.2)
2. Section 3 of P.L.1999, c.308 (C.39:3-75.3) is amended to read as follows:
3. a. A person who violates the provisions of subsection b. of section 2 of P.L.1999, c.308 (C.39:3-75.2) shall be subject to a fine not exceeding $100; provided, however, if a person charged with such a violation can exhibit a certificate or card which was valid on the day he was charged to the judge of the municipal court before whom he is summoned to answer the charge, the judge may dismiss the charge. The judge, however, may impose court costs.
b. A person who violates the provisions of the regulations adopted pursuant to subsection c. [or d.] of section 2 of P.L.1999, c.308 (C.39:3-75.2) shall be subject to a fine not to exceed $1,000 for a first offense and not to exceed $5,000 for a second or subsequent offense.
(cf: P.L.1999, c.308, s.3)
3. This act shall take effect immediately.
STATEMENT
This bill removes the requirement that installers of tinting materials and products on motor vehicle windshields and windows for medical reasons must be registered.
Under current law, the owner or lessee of a motor vehicle that is driven by or is used to regularly transport a person who has a medical condition involving ophthalmic or dermatologic light sensitivity may apply to the Chief Administrator of the New Jersey Motor Vehicle Commission for permission to have the windshield and windows of that vehicle tinted to increases its light reflectance or reduce its light transmittance.
The current law also provides that a person in the business of installing or applying approved materials and products for this purpose must be registered in order to provide the service. This bill would remove the registration requirement as recommended in the report issued by the Red Tape Review Commission on February 12, 2012. Statewide there are only six registered window tint providers. The application process for permission to obtain the tinting is comprehensive, and if stopped by a law enforcement officer, the driver of a motor vehicle tinted for medical purpose has the obligation to present authorization. The requirement that providers be registered serves no crucial purpose, and is eliminated by this bill.
The bill also removes the penalty associated with failing to register as a provider.
