S.F. 88 Section 1. Section 321.34, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 11C. Blackout plates. 3 a. Upon application and payment of the proper fees, 4 the director may issue blackout plates to the owner of a 5 motor vehicle subject to registration under section 321.109, 6 subsection 1, autocycle, motor truck, motor home, multipurpose 7 vehicle, motorcycle, trailer, or travel trailer. 8 b. Blackout plates shall be designed by the department. A 9 blackout plate’s background shall be black, and the plate’s 10 letters and numbers shall be white. The plate shall include 11 on the plate the name of the county where the vehicle is 12 registered. 13 c. The special blackout fee for letter-number designated 14 blackout plates is thirty-five dollars. An applicant may 15 obtain personalized blackout plates upon payment of the fee for 16 personalized plates as provided in subsection 5, which is in 17 addition to the special blackout fee. The fees collected by 18 the director under this subsection shall be paid monthly to 19 the treasurer of state and deposited in the road use tax fund. 20 The treasurer of state shall credit monthly from the statutory 21 allocations fund created under section 321.145, subsection 2, 22 to each county’s county mental health and disabilities services 23 fund created pursuant to section 331.424A, the amount of the 24 special blackout fees collected in the previous month for the 25 blackout plates issued to vehicles registered in that county. 26 d. Upon receipt of the special registration plates, the 27 applicant shall surrender the current registration plates to 28 the county treasurer. The county treasurer shall validate 29 the special registration plates in the same manner as regular 30 registration plates are validated under this section. The 31 annual special blackout fee for letter-number designated plates 32 is ten dollars which shall be paid in addition to the regular 33 annual registration fee. The annual fee for personalized 34 blackout plates is five dollars which shall be paid in addition 35 -1- LSB 1038XS (7) 88 ns/rh 1/ 5

S.F. 88 to the annual special blackout fee and the regular annual 1 registration fee. The annual special blackout fee shall be 2 credited as provided under paragraph “c” . 3 e. The department shall not condition the issuance of 4 blackout plates on the receipt of any number of orders for 5 blackout plates. 6 Sec. 2. Section 321.438, subsection 2, Code 2019, is amended 7 to read as follows: 8 2. a. A person shall not operate on the highway a motor 9 vehicle equipped with a front windshield, a side window to the 10 immediate right or left of the driver, or a side-wing sidewing 11 forward of and to the left or right of the driver which is 12 excessively dark or reflective so that it is difficult for a 13 person outside the motor vehicle to see into the motor vehicle 14 through the windshield, window, or sidewing does not meet a 15 minimum standard of transparency of thirty-five percent light 16 transmittance . The department shall adopt rules establishing a 17 minimum measurable standard of transparency which shall apply 18 to violations of this subsection . 19 b. If a peace officer stops a motor vehicle equipped with a 20 side window to the immediate right or left of the driver which 21 has a transparency of seventy percent light transmittance or 22 less, the driver shall lower the side window on the side of the 23 officer’s approach of the vehicle to the side window’s lowest 24 possible position prior to the completion of the officer’s 25 approach of the vehicle, and shall keep the side window in the 26 lowest possible position for the duration of the stop unless 27 otherwise instructed by the officer. A person convicted of a 28 violation of this paragraph is guilty of a simple misdemeanor 29 punishable as a scheduled violation under section 805.8A, 30 subsection 14, paragraph “m” . However, if the violation is a 31 person’s first violation of this paragraph, and the person has 32 not previously been issued a warning memorandum for a violation 33 of this paragraph, the officer shall issue a warning memorandum 34 to the driver in lieu of a citation. 35 -2- LSB 1038XS (7) 88 ns/rh 2/ 5

S.F. 88 Sec. 3. Section 805.8A, subsection 3, paragraph ag, Code 1 2019, is amended to read as follows: 2 ag. Section 321.438 , subsection 1, subsection 2, paragraph 3 “a” , and subsection 3 . . . . . . . . . . . . . . . . . . . . . $ 50. 4 Sec. 4. Section 805.8A, subsection 14, Code 2019, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . m. Failure to lower tinted side window. For 7 violations under section 321.438, subsection 2, paragraph “b” , 8 the scheduled fine is twenty dollars. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 BLACKOUT SPECIAL REGISTRATION PLATES. This bill authorizes 13 the department of transportation (DOT) to issue blackout 14 special registration plates. The bill requires the plate’s 15 background to be black, the plate’s letters and numbers to 16 be white, and the name of the county where the vehicle is 17 registered to be displayed on the plate. 18 The bill provides that the special blackout fee for 19 letter-number designated blackout plates is $35. An applicant 20 may obtain personalized blackout plates upon payment of the $25 21 fee for personalized plates set forth under current law, which 22 is in addition to the special blackout fee. The bill requires 23 the fees collected by the DOT for the plates to be paid monthly 24 to the treasurer of state and deposited in the road use tax 25 fund. The treasurer of state must then credit monthly from 26 the statutory allocations fund to each county’s county mental 27 health and disabilities services fund the amount of the special 28 blackout fees collected in the previous month for the blackout 29 plates issued to vehicles registered in that county. 30 Upon receipt of the special registration plates, the 31 applicant must surrender the current registration plates to 32 the county treasurer. The county treasurer must validate the 33 special registration plates in the same manner as regular 34 registration plates are validated. The annual special blackout 35 -3- LSB 1038XS (7) 88 ns/rh 3/ 5

S.F. 88 fee for letter-number designated plates is $10, which is in 1 addition to the regular annual registration fee. The annual 2 fee for personalized blackout plates is $5, which is in 3 addition to the annual special blackout fee and the regular 4 annual registration fee. The bill requires the annual special 5 blackout fee to be credited in the same way as the special 6 blackout fee. 7 The bill prohibits the DOT from conditioning the issuance 8 of blackout plates on the receipt of any number of orders for 9 blackout plates. 10 WINDOW TINT. Under current law, a person is prohibited from 11 operating a motor vehicle equipped with a front windshield, a 12 side window to the immediate right or left of the driver, or 13 a sidewing forward of and to the left or right of the driver 14 which is excessively dark or reflective so that it is difficult 15 for a person outside the motor vehicle to see into the motor 16 vehicle through the windshield, window, or sidewing. Under 17 rules adopted by the DOT (761 IAC 450.7), “excessively dark or 18 reflective” means the windshield, side window, or sidewing does 19 not meet a minimum standard of transparency of 70 percent light 20 transmittance. 21 The bill prohibits a person from operating a motor vehicle 22 equipped with a front windshield, a side window to the 23 immediate right or left of the driver, or a sidewing forward 24 of and to the left or right of the driver which does not 25 meet a minimum standard of transparency of 35 percent light 26 transmittance. The bill also strikes the provision requiring 27 the DOT to adopt rules establishing a minimum measurable 28 standard of transparency. A violation of this provision of the 29 bill is punishable by a scheduled fine of $50. 30 The bill also provides that if a peace officer stops a motor 31 vehicle equipped with a side window to the immediate right or 32 left of the driver which has a transparency of 70 percent light 33 transmittance or less, the driver must lower the side window 34 on the side of the officer’s approach of the vehicle to the 35 -4- LSB 1038XS (7) 88 ns/rh 4/ 5

S.F. 88 side window’s lowest possible position prior to the completion 1 of the officer’s approach of the vehicle, and must keep the 2 side window in the lowest possible position for the duration 3 of the stop unless otherwise instructed by the officer. A 4 violation of this provision of the bill is punishable by a 5 scheduled fine of $20. However, if the violation is a person’s 6 first violation, and the person has not previously been issued 7 a warning memorandum for a similar violation, the officer is 8 required to issue a warning memorandum to the driver in lieu 9 of a citation. 10 -5- LSB 1038XS (7) 88 ns/rh 5/ 5