Bill Summary – FastDemocracy

House File 531 - Introduced
                                  HOUSE FILE 531
                                  BY CISNEROS
                                  (COMPANION TO SF 194 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 2021, 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 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
 2021, 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 2021, 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 2021, 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 side-wing 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. The department
 shall adopt rules establishing a minimum measurable standard
 of transparency which shall apply to violations of this
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 subsection.
    b. (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.
    c. 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 seventy percent light transmittance or
 less, the driver shall lower the side window on the side of the
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                                         H.F. 531
 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.
    Sec. 5. Section 805.8A, subsection 3, paragraph ah, Code
 2021, is amended to read as follows:
    ah. Section 321.438, subsection 1, subsection 2, paragraph
 “a” or “b”, and subsection 3............... $ 70.
    Sec. 6. Section 805.8A, subsection 14, Code 2021, 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 “c”,
 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 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. Under
 rules adopted by the department of transportation (761 IAC
 450.7), “excessively dark or reflective” means the windshield,
 side window, or sidewing does not meet a minimum standard of
 transparency of 70 percent light transmittance.
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                                H.F. 531
    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 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 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
 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
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 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