Senate
File
2037
-
Introduced
SENATE
FILE
2037
BY
EDLER
A
BILL
FOR
An
Act
relating
to
the
minimum
standard
of
transparency
for
1
motor
vehicle
window
tint,
providing
penalties,
and
making
2
penalties
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5386XS
(5)
87
ns/rh
S.F.
2037
Section
1.
Section
321.438,
subsection
2,
Code
2018,
is
1
amended
to
read
as
follows:
2
2.
a.
A
person
shall
not
operate
on
the
highway
a
motor
3
vehicle
equipped
with
a
front
windshield,
a
side
window
to
the
4
immediate
right
or
left
of
the
driver,
or
a
side-wing
sidewing
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
does
not
meet
a
9
minimum
standard
of
transparency
of
thirty-five
percent
light
10
transmittance
.
The
department
shall
adopt
rules
establishing
a
11
minimum
measurable
standard
of
transparency
which
shall
apply
12
to
violations
of
this
subsection
.
13
b.
If
a
peace
officer
stops
a
motor
vehicle
equipped
with
a
14
side
window
to
the
immediate
right
or
left
of
the
driver
which
15
has
a
transparency
of
seventy
percent
light
transmittance
or
16
less,
the
driver
shall
lower
the
side
window
on
the
side
of
the
17
officer’s
approach
of
the
vehicle
to
the
side
window’s
lowest
18
possible
position
prior
to
the
completion
of
the
officer’s
19
approach
of
the
vehicle,
and
shall
keep
the
side
window
in
the
20
lowest
possible
position
for
the
duration
of
the
stop
unless
21
otherwise
instructed
by
the
officer.
A
person
convicted
of
a
22
violation
of
this
paragraph
is
guilty
of
a
simple
misdemeanor
23
punishable
as
a
scheduled
violation
under
section
805.8A,
24
subsection
14,
paragraph
“m”
.
However,
if
the
violation
is
a
25
person’s
first
violation
of
this
paragraph,
and
the
person
has
26
not
previously
been
issued
a
warning
memorandum
for
a
violation
27
of
this
paragraph,
the
officer
shall
issue
a
warning
memorandum
28
to
the
driver
in
lieu
of
a
citation.
29
Sec.
2.
Section
805.8A,
subsection
3,
paragraph
ag,
Code
30
2018,
is
amended
to
read
as
follows:
31
ag.
Section
321.438
,
subsection
1,
subsection
2,
paragraph
32
“a”
,
and
subsection
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50.
33
Sec.
3.
Section
805.8A,
subsection
14,
Code
2018,
is
amended
34
by
adding
the
following
new
paragraph:
35
-1-
LSB
5386XS
(5)
87
ns/rh
1/
3
S.F.
2037
NEW
PARAGRAPH
.
m.
Failure
to
lower
tinted
side
window.
For
1
violations
under
section
321.438,
subsection
2,
paragraph
“b”
,
2
the
scheduled
fine
is
twenty
dollars.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
Under
current
law,
a
person
is
prohibited
from
operating
a
7
motor
vehicle
equipped
with
a
front
windshield,
a
side
window
8
to
the
immediate
right
or
left
of
the
driver,
or
a
sidewing
9
forward
of
and
to
the
left
or
right
of
the
driver
which
is
10
excessively
dark
or
reflective
so
that
it
is
difficult
for
11
a
person
outside
the
motor
vehicle
to
see
into
the
motor
12
vehicle
through
the
windshield,
window,
or
sidewing.
Under
13
rules
adopted
by
the
department
of
transportation
(761
IAC
14
450.7),
“excessively
dark
or
reflective”
means
the
windshield,
15
side
window,
or
sidewing
does
not
meet
a
minimum
standard
of
16
transparency
of
70
percent
light
transmittance.
17
This
bill
prohibits
a
person
from
operating
a
motor
vehicle
18
equipped
with
a
front
windshield,
a
side
window
to
the
19
immediate
right
or
left
of
the
driver,
or
a
sidewing
forward
20
of
and
to
the
left
or
right
of
the
driver
which
does
not
21
meet
a
minimum
standard
of
transparency
of
35
percent
light
22
transmittance.
The
bill
also
strikes
the
provision
requiring
23
the
department
of
transportation
to
adopt
rules
establishing
a
24
minimum
measurable
standard
of
transparency.
A
violation
of
25
this
provision
of
the
bill
is
punishable
by
a
scheduled
fine
26
of
$50.
27
The
bill
also
provides
that
if
a
peace
officer
stops
a
motor
28
vehicle
equipped
with
a
side
window
to
the
immediate
right
or
29
left
of
the
driver
which
has
a
transparency
of
70
percent
light
30
transmittance
or
less,
the
driver
must
lower
the
side
window
31
on
the
side
of
the
officer’s
approach
of
the
vehicle
to
the
32
side
window’s
lowest
possible
position
prior
to
the
completion
33
of
the
officer’s
approach
of
the
vehicle,
and
must
keep
the
34
side
window
in
the
lowest
possible
position
for
the
duration
35
-2-
LSB
5386XS
(5)
87
ns/rh
2/
3
S.F.
2037
of
the
stop
unless
otherwise
instructed
by
the
officer.
A
1
violation
of
this
provision
of
the
bill
is
punishable
by
a
2
scheduled
fine
of
$20.
However,
if
the
violation
is
a
person’s
3
first
violation,
and
the
person
has
not
previously
been
issued
4
a
warning
memorandum
for
a
similar
violation,
the
officer
is
5
required
to
issue
a
warning
memorandum
to
the
driver
in
lieu
6
of
a
citation.
7
-3-
LSB
5386XS
(5)
87
ns/rh
3/
3