Senate File 2015 - Introduced SENATE FILE 2015 BY SCHOENJAHN A BILL FOR An Act relating to motor vehicle window transparency 1 requirements, providing for a motor vehicle decal for 2 persons who qualify for an exemption, providing a fee, and 3 making a penalty applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5037XS (5) 83 dea/nh

S.F. 2015 Section 1. Section 321.438, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. A person shall not operate on the highway a motor 3 vehicle equipped with a front windshield, a side window to 4 the immediate right or left of the driver, or a side-wing 5 forward of and to the left or right of the driver which is 6 excessively dark or reflective so that it is difficult for a 7 person outside the motor vehicle to see into the motor vehicle 8 through the windshield, window, or sidewing. The department 9 shall adopt rules establishing a minimum measurable standard 10 of transparency which shall apply to violations of this 11 subsection. 12 a. A person suffering from a severe sensitivity to light 13 may apply to the department for an exemption from the minimum 14 measurable standard of transparency established pursuant to 15 this subsection for one motor vehicle other than a commercial 16 motor vehicle. The application shall be on a form prescribed 17 by the department and shall be accompanied by a statement from 18 a physician licensed under chapter 148, 151, or 154 documenting 19 the need for the exemption. A person granted an exemption by 20 the department shall do one of the following: 21 (1) Obtain a form provided by the department, to be 22 signed by the person’s physician attesting to the person’s 23 light sensitivity. The form shall be carried at all times in 24 the vehicle to which the exemption applies, whether or not 25 the person qualifying for the exemption is the driver or a 26 passenger in the vehicle at the time, and shall be available to 27 any peace officer upon the officer’s request. 28 (2) Display, on the vehicle to which the exemption applies, 29 a decal issued by the department signifying that the vehicle’s 30 front windshield, side windows to the immediate right and left 31 of the driver, and side-wings forward of and to the right and 32 left of the driver, as applicable, meet the minimum standard 33 of transparency for exempt vehicles, as established by the 34 department by rule. An applicant for a decal shall provide 35 -1- LSB 5037XS (5) 83 dea/nh 1/ 3

S.F. 2015 evidence to the department that the vehicle to which the 1 exemption applies has passed a tint meter test acceptable to 2 the department and administered by a certified peace officer. 3 The department may charge a fee for exemption decals to cover 4 the necessary costs of issuing the decals. 5 b. The department shall adopt rules to implement this 6 subsection, including but not limited to rules establishing a 7 minimum standard of transparency of not less than thirty-five 8 percent light transmittance for vehicles which are exempt under 9 paragraph “a” , providing for the duration of an exemption, 10 prescribing requirements for the display of exemption decals, 11 and providing for the disposition of an exemption decal upon 12 transfer of ownership of a motor vehicle. 13 EXPLANATION 14 This bill concerns the exemption from motor vehicle 15 window transparency standards that is available for certain 16 light-sensitive persons. 17 Under current law, the front windshield, side windows, and 18 any side-wings to the right and left of the driver must not 19 be excessively dark or reflective so that it is difficult 20 for a person outside the motor vehicle to see into the motor 21 vehicle. Pursuant to administrative rules, “excessively dark 22 or reflective” means that the window does not meet a minimum 23 standard of transparency of 70 percent light transmittance. A 24 person suffering from a severe light-sensitive condition may be 25 exempted from the standard by the department of transportation 26 if the need is documented by a physician. Currently, a 27 person who requires windows with less than 70 percent but not 28 less than 35 percent transparency can obtain a form from the 29 department, to be signed by the person’s physician, which must 30 be carried in the exempt motor vehicle at all times. The bill 31 specifies that an exemption applies to only one motor vehicle, 32 and cannot apply to a commercial vehicle. 33 The bill retains the current exemption process, but also 34 creates a second option for a person with light sensitivity who 35 -2- LSB 5037XS (5) 83 dea/nh 2/ 3

S.F. 2015 qualifies for an exemption from the 70 percent transparency 1 standard. Rather than carry a form inside the vehicle, the 2 person can obtain a decal from the department to be displayed 3 on the vehicle in a manner to be prescribed by rule. The 4 applicant for an exemption decal must provide evidence that 5 the vehicle to which the exemption applies has undergone a 6 tint meter test administered by a certified peace officer, 7 establishing that the vehicle’s windshield, front windows, 8 and front side-wings permit at least 35 percent light 9 transmittance. The department is authorized to charge a fee 10 for exemption decals to cover the costs of issuing the decals. 11 The bill requires the department to adopt rules concerning 12 the minimum standard of transparency for exempt vehicles, the 13 duration of an exemption, and requirements for the display of 14 exemption decals and the disposition of decals upon transfer of 15 ownership of an exempt vehicle. 16 The existing penalty for a violation of motor vehicle window 17 transparency applies to the new exemption decal provisions 18 under the bill. A violation is a simple misdemeanor punishable 19 by a scheduled fine of $15. 20 -3- LSB 5037XS (5) 83 dea/nh 3/ 3