SF 491 (LSB 2067SV (1) 90)

SENATE FILE 491

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 350)

A BILL FOR

An Act relating to motor vehicle window tint, and making penalties applicable. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.438, subsection 2, Code 2023, is amended to read as follows:
   2.  a.  (1)  A person shall not operate on the highway a motor vehicle equipped with a front windshield, to which material that reduces the transmission of light has been applied, except a windshield may have such material applied that allows at least twenty-five percent light transmittance and does not exceed a luminous reflectance of twenty-five percent above the manufacturer’s AS-1 line or within the top five inches of the windshield.
   (2)  A person shall not operate on the highway a motor vehicle equipped with a side window to the immediate right or left of the driver operator, 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 operator, that allows less than twenty-five percent light transmittance or exceeds a luminous reflectance of twenty-five percent.
   (3)  A person shall not operate on the highway a motor vehicle equipped with a window other than as described in subparagraphs (1) and (2) that allows less than twenty-five percent light transmittance or exceeds a luminous reflectance of twenty-five percent. This subparagraph does not apply to a person operating a motor vehicle equipped with an outside mirror attached to each side of the vehicle if the mirrors comply with section 321.437.
   a.  The department shall adopt rules establishing a minimum measurable standard of transparency which shall apply to violations of this subsection.
   b.  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.
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 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 (DOT) (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 strikes the authority of the DOT to adopt rules establishing a minimum measurable standard of transparency and instead prohibits a person from operating on the highway a motor vehicle equipped with a front windshield to which light-transmission-reducing material has been applied. However, a windshield may have light-transmission-reducing material applied that allows at least 25 percent light transmittance and does not exceed a luminous reflectance of 25 percent above the manufacturer’s AS-1 line or within the top five inches of the windshield. A person is also prohibited from operating a motor vehicle with a side window to the immediate right or left of the operator, or a sidewing forward of and to the left or right of the operator, that allows less than 25 percent light transmittance or exceeds a luminous reflectance of 25 percent.
   Under the bill, a person is prohibited from operating a motor vehicle equipped with any other window that allows less than 25 percent light transmittance or exceeds a luminous reflectance of 25 percent. However, the bill does not limit the light transmittance or luminous reflectance of such other windows if the vehicle is equipped with an outside mirror attached to each side of the vehicle if the mirrors comply with Code section 321.437.
   A violation of Code section 321.438 is punishable by a scheduled fine of $70.