Bill Summary – FastDemocracy

Senate File 163 - Introduced
                                  SENATE FILE 163
                                  BY EDLER
                            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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 321.145, subsection 2, unnumbered
 paragraph 1, Code 2023, is amended to read as follows:
    Revenues derived from trailer registration fees collected
 pursuant to sections 321.105 and 321.105A, fees charged for
 driver’s licenses and nonoperator’s identification cards, fees
 charged for commercial driver’s license driving skills tests
 pursuant to section 321.187A, fees charged for the issuance
 of a certificate of title, the certificate of title surcharge
 collected pursuant to section 321.52A, and revenues credited
 pursuant to section 423.43, subsection 2, and section 423C.5,
 and fees charged for approved window tint status pursuant to
 section 321.438, shall be deposited in a fund to be known
 as the statutory allocations fund under the control of the
 department and credited as follows:
    Sec. 2. Section 321.145, subsection 2, paragraph a, Code
 2023, is amended by adding the following new subparagraph:
    NEW SUBPARAGRAPH. (4) An amount equal to the fees received
 pursuant to section 321.438 shall be credited to the department
 of public safety for use by the division of state patrol for
 purposes of training and equipment.
    Sec. 3. Section 321.152, subsection 1, Code 2023, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. h. Two dollars and fifty cents plus seventy
 percent of the remaining amount from each application fee
 collected for approved window tint status.
    Sec. 4. Section 321.438, subsection 2, Code 2023, is amended
 to read as follows:
    2. a. A person shall not operate on the highway a motor
 vehicle equipped with a front windshield, a side window to the
 immediate right or left of the driver, or a sidewing forward
 of and to the left or right of the driver which is excessively
 dark or reflective so that it is difficult for a person outside
 the motor vehicle to see into the motor vehicle through the
 windshield, window, or sidewing.
    a. b. The department shall adopt rules establishing a
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 minimum measurable standard of transparency which shall apply
 to violations of this subsection paragraph “a”.
    c. (1) The registered owner of a vehicle may file an
 application for approved window tint status for the vehicle
 with the department through the county treasurer of the county
 where the vehicle is registered. The application shall be
 accompanied by a fee of fifty-five dollars. A person may apply
 for approved window tint status for each vehicle on which
 the person is a registered owner, but shall pay the fee for
 each vehicle for which the person applies. Upon receipt of a
 valid application accompanied by the required fee, the county
 treasurer shall note the approved window tint status of the
 vehicle in the electronic database used by the department and
 law enforcement to access registration, titling, and driver’s
 license information.
    (2) Notwithstanding paragraph “a”, a person may operate a
 vehicle with approved window tint status that is equipped with
 a front windshield, a side window to the immediate right or
 left of the driver, or a sidewing forward of and to the left or
 right of the driver with a transparency of thirty-five percent
 light transmittance or greater.
    (3) The county treasurer shall retain for deposit in the
 county general fund two dollars and fifty cents from every
 application fee for approved window tint status. The remaining
 portion of fees shall be distributed in the following manner:
    (a) Seventy percent shall be retained by the county and used
 for purposes of local law enforcement training and equipment.
    (b) Thirty percent shall be transferred to the treasurer of
 state and deposited in the statutory allocations fund created
 under section 321.145.
    (4) The department shall adopt rules in accordance with
 chapter 17A to administer this paragraph.
    d. If a peace officer stops a motor vehicle equipped with a
 side window to the immediate right or left of the driver which
 does not meet the minimum measurable standard of transparency,
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 as adopted by the department under paragraph “b”, the driver
 shall lower the side window on the side of the officer’s
 approach of the vehicle to the side window’s lowest possible
 position prior to the completion of the officer’s approach
 of the vehicle, and shall keep the side window in the lowest
 possible position for the duration of the stop unless otherwise
 instructed by the officer. A person convicted of a violation
 of this paragraph is guilty of a simple misdemeanor punishable
 as a scheduled violation under section 805.8A, subsection 14,
 paragraph “q”. However, if the violation is a person’s first
 violation of this paragraph, and the person has not previously
 been issued a warning memorandum for a violation of this
 paragraph, the officer shall issue a warning memorandum to the
 driver in lieu of a citation.
    b. e. This subsection does not apply to a person who
 operates a motor vehicle owned or leased by a federal, state,
 or local law enforcement agency if the operation is part of the
 person’s official duties.
    Sec. 5. Section 805.8A, subsection 3, paragraph ai, Code
 2023, is amended to read as follows:
    ai. Section 321.438, subsection 1, subsection 2, paragraphs
 “a” and “c”, and subsection 3.............. $ 70.
    Sec. 6. Section 805.8A, subsection 14, Code 2023, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH. q. Failure to lower tinted side window. For
 violations under section 321.438, subsection 2, paragraph “d”,
 the scheduled fine is twenty dollars.
                            EXPLANATION
         The inclusion of this explanation does not constitute agreement with
          the explanation’s substance by the members of the general assembly.
    Under current law, a person is prohibited from operating
 a motor vehicle equipped with a front windshield, a side
 window to the immediate right or left of the driver, or a
 sidewing forward of and to the left or right of the driver
 (window) which is excessively dark or reflective so that it is
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 difficult for a person outside the motor vehicle to see into
 the motor vehicle through the window. Under rules adopted by
 the department of transportation (761 IAC 450.7), “excessively
 dark or reflective” means the window does not meet a minimum
 standard of transparency of 70 percent light transmittance.
 However, the requirement does not apply to a person who
 operates a motor vehicle owned or leased by a federal, state,
 or local law enforcement agency if the operation is part of the
 person’s official duties.
    This bill allows a registered owner of a vehicle to apply
 for approved window tint status, which permits the vehicle to
 be operated while equipped with a window that meets a minimum
 standard of transparency of 35 percent light transmittance or
 greater.
    Applications for approved window tint status must be filed
 with the department of transportation (DOT) through the county
 treasurer of the county where the vehicle is registered. Upon
 receipt of a valid application and fee, the county treasurer
 must note the approved window tint status of the vehicle in
 the electronic database used by the DOT and law enforcement to
 access certain vehicle and driver information.
    The application fee is $55 per vehicle. Of each fee,
 $2.50 plus 70 percent of the remaining fee is retained by
 the county treasurer for deposit in the county general fund,
 which percentage must be used by the county for purposes of
 local law enforcement training and equipment. The remaining
 30 percent of the fee must be transferred to the treasurer of
 state and deposited in the statutory allocations fund. The
 treasurer of state is required to transfer the amount of the
 collected fees each month from the statutory allocations fund
 to the department of public safety for purposes of state patrol
 training and equipment.
    The bill also provides that if a peace officer stops a motor
 vehicle equipped with a side window to the immediate right or
 left of the driver which has a transparency of 70 percent light
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 transmittance or less, the driver must lower the side window
 on the side of the officer’s approach of the vehicle to the
 side window’s lowest possible position prior to the completion
 of the officer’s approach of the vehicle, and must keep the
 side window in the lowest possible position for the duration
 of the stop unless otherwise instructed by the officer. A
 violation of this provision of the bill is punishable by a
 scheduled fine of $20. However, if the violation is a person’s
 first violation, and the person has not previously been issued
 a warning memorandum for a similar violation, the officer is
 required to issue a warning memorandum to the driver in lieu
 of a citation.
    An equipment-related violation of Code section 321.438 is
 punishable by a scheduled fine of $70.
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Statutes affected: 
Introduced: 321.145, 321.105, 321.438, 805.8A