House File 2038 - Introduced HOUSE FILE 2038 BY SALMON A BILL FOR An Act providing for an exception to motor vehicle window tint 1 limitations for persons with certain medical conditions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5122YH (5) 88 mo/ns
H.F. 2038 Section 1. Section 321.438, subsection 2, Code 2020, 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. 9 b. Paragraph “a” does not apply to a person who possesses an 10 affidavit signed by a physician licensed under chapter 148, an 11 advanced registered nurse practitioner licensed under chapter 12 152, a physician assistant licensed under chapter 148C, or an 13 optometrist licensed under chapter 154 stating that the person 14 has a medical condition involving extreme sensitivity to light 15 that makes it necessary for a motor vehicle operated by the 16 person to be equipped with a front windshield, side window, or 17 sidewing that does not meet the minimum measurable standard of 18 transparency established by the department under this section. 19 A copy of the affidavit shall be carried in the motor vehicle 20 at all times. 21 c. The department shall adopt rules establishing a minimum 22 measurable standard of transparency which shall apply to 23 violations of this subsection . The department shall also 24 prescribe a form affidavit to be used as described in paragraph 25 “b” . 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 Current law prohibits a person from operating on the highway 30 a motor vehicle that is equipped with a front windshield, 31 a side window, or a sidewing which is excessively dark or 32 reflective such that it is difficult for a person outside 33 the motor vehicle to see into the motor vehicle through the 34 windshield, window, or sidewing. By administrative rule, the 35 -1- LSB 5122YH (5) 88 mo/ns 1/ 2
H.F. 2038 department of transportation (DOT) defines “excessively dark 1 or reflective” to mean that the windshield, side window, or 2 sidewing does not meet a minimum standard of transparency 3 of 70 percent light transmittance. This bill provides an 4 exception to the prohibition on excessively dark or reflective 5 motor vehicle window tint where the person operating the motor 6 vehicle has an affidavit signed by a physician, advanced 7 registered nurse practitioner, physician assistant, or 8 optometrist licensed under Iowa law stating that such person 9 has a medical condition involving extreme sensitivity to light 10 that makes it necessary for a motor vehicle operated by the 11 person to be equipped with necessary window tint that would 12 otherwise be prohibited. The DOT will be responsible for 13 prescribing a form affidavit pursuant to the requirements of 14 the bill. A copy of the affidavit must be carried in the motor 15 vehicle at all times. 16 -2- LSB 5122YH (5) 88 mo/ns 2/ 2