House File 531 - Introduced HOUSE FILE 531 BY CISNEROS (COMPANION TO SF 194 BY EDLER) A BILL FOR An Act relating to motor vehicle window tint, including an 1 application process for approved window tint status, making 2 appropriations, providing penalties, and making penalties 3 applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1967YH (2) 89 th/ns

H.F. 531 Section 1. Section 321.145, subsection 2, unnumbered 1 paragraph 1, Code 2021, is amended to read as follows: 2 Revenues derived from trailer registration fees collected 3 pursuant to sections 321.105 and 321.105A , fees charged for 4 driver’s licenses and nonoperator’s identification cards, 5 fees charged for the issuance of a certificate of title, the 6 certificate of title surcharge collected pursuant to section 7 321.52A , and revenues credited pursuant to section 423.43, 8 subsection 2 , and section 423C.5 , and fees charged for approved 9 window tint status pursuant to section 321.438, shall be 10 deposited in a fund to be known as the statutory allocations 11 fund under the control of the department and credited as 12 follows: 13 Sec. 2. Section 321.145, subsection 2, paragraph a, Code 14 2021, is amended by adding the following new subparagraph: 15 NEW SUBPARAGRAPH . (4) An amount equal to the fees received 16 pursuant to section 321.438 shall be credited to the department 17 of public safety for use by the division of state patrol for 18 purposes of training and equipment. 19 Sec. 3. Section 321.152, subsection 1, Code 2021, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . h. Two dollars and fifty cents plus seventy 22 percent of the remaining amount from each application fee 23 collected for approved window tint status. 24 Sec. 4. Section 321.438, subsection 2, Code 2021, is amended 25 to read as follows: 26 2. a. A person shall not operate on the highway a motor 27 vehicle equipped with a front windshield, a side window to the 28 immediate right or left of the driver, or a side-wing sidewing 29 forward of and to the left or right of the driver which is 30 excessively dark or reflective so that it is difficult for a 31 person outside the motor vehicle to see into the motor vehicle 32 through the windshield, window, or sidewing. The department 33 shall adopt rules establishing a minimum measurable standard 34 of transparency which shall apply to violations of this 35 -1- LSB 1967YH (2) 89 th/ns 1/ 5

H.F. 531 subsection . 1 b. (1) The registered owner of a vehicle may file an 2 application for approved window tint status for the vehicle 3 with the department through the county treasurer of the county 4 where the vehicle is registered. The application shall be 5 accompanied by a fee of fifty-five dollars. A person may apply 6 for approved window tint status for each vehicle on which 7 the person is a registered owner, but shall pay the fee for 8 each vehicle for which the person applies. Upon receipt of a 9 valid application accompanied by the required fee, the county 10 treasurer shall note the approved window tint status of the 11 vehicle in the electronic database used by the department and 12 law enforcement to access registration, titling, and driver’s 13 license information. 14 (2) Notwithstanding paragraph “a” , a person may operate a 15 vehicle with approved window tint status that is equipped with 16 a front windshield, a side window to the immediate right or 17 left of the driver, or a sidewing forward of and to the left or 18 right of the driver with a transparency of thirty-five percent 19 light transmittance or greater. 20 (3) The county treasurer shall retain for deposit in the 21 county general fund two dollars and fifty cents from every 22 application fee for approved window tint status. The remaining 23 portion of fees shall be distributed in the following manner: 24 (a) Seventy percent shall be retained by the county and used 25 for purposes of local law enforcement training and equipment. 26 (b) Thirty percent shall be transferred to the treasurer of 27 state and deposited in the statutory allocations fund created 28 under section 321.145. 29 (4) The department shall adopt rules in accordance with 30 chapter 17A to administer this paragraph. 31 c. If a peace officer stops a motor vehicle equipped with a 32 side window to the immediate right or left of the driver which 33 has a transparency of seventy percent light transmittance or 34 less, the driver shall lower the side window on the side of the 35 -2- LSB 1967YH (2) 89 th/ns 2/ 5

H.F. 531 officer’s approach of the vehicle to the side window’s lowest 1 possible position prior to the completion of the officer’s 2 approach of the vehicle, and shall keep the side window in the 3 lowest possible position for the duration of the stop unless 4 otherwise instructed by the officer. A person convicted of a 5 violation of this paragraph is guilty of a simple misdemeanor 6 punishable as a scheduled violation under section 805.8A, 7 subsection 14, paragraph “q” . However, if the violation is a 8 person’s first violation of this paragraph, and the person has 9 not previously been issued a warning memorandum for a violation 10 of this paragraph, the officer shall issue a warning memorandum 11 to the driver in lieu of a citation. 12 Sec. 5. Section 805.8A, subsection 3, paragraph ah, Code 13 2021, is amended to read as follows: 14 ah. Section 321.438 , subsection 1, subsection 2, paragraph 15 “a” or “b” , and subsection 3 . . . . . . . . . . . . . . . $ 70. 16 Sec. 6. Section 805.8A, subsection 14, Code 2021, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . q. Failure to lower tinted side window. For 19 violations under section 321.438, subsection 2, paragraph “c” , 20 the scheduled fine is twenty dollars. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 Under current law, a person is prohibited from operating a 25 motor vehicle equipped with a front windshield, a side window 26 to the immediate right or left of the driver, or a sidewing 27 forward of and to the left or right of the driver which is 28 excessively dark or reflective so that it is difficult for 29 a person outside the motor vehicle to see into the motor 30 vehicle through the windshield, window, or sidewing. Under 31 rules adopted by the department of transportation (761 IAC 32 450.7), “excessively dark or reflective” means the windshield, 33 side window, or sidewing does not meet a minimum standard of 34 transparency of 70 percent light transmittance. 35 -3- LSB 1967YH (2) 89 th/ns 3/ 5

H.F. 531 This bill allows a registered owner of a vehicle to apply 1 for approved window tint status, which permits the vehicle to 2 be operated while equipped with a front windshield, a side 3 window to the immediate right or left of the driver, or a 4 sidewing forward of and to the left or right of the driver that 5 meets a minimum standard of transparency of 35 percent light 6 transmittance or greater. 7 Applications for approved window tint status must be filed 8 with the department of transportation (DOT) through the county 9 treasurer of the county where the vehicle is registered. Upon 10 receipt of a valid application and fee, the county treasurer 11 must note the approved window tint status of the vehicle in 12 the electronic database used by the DOT and law enforcement to 13 access certain vehicle and driver information. 14 The application fee is $55 per vehicle. Of each fee, 15 $2.50 plus 70 percent of the remaining fee is retained by 16 the county treasurer for deposit in the county general fund, 17 which percentage must be used by the county for purposes of 18 local law enforcement training and equipment. The remaining 19 30 percent of the fee must be transferred to the treasurer of 20 state and deposited in the statutory allocations fund. The 21 treasurer of state is required to transfer the amount of the 22 collected fees each month from the statutory allocations fund 23 to the department of public safety for purposes of state patrol 24 training and equipment. 25 The bill also provides that if a peace officer stops a motor 26 vehicle equipped with a side window to the immediate right or 27 left of the driver which has a transparency of 70 percent light 28 transmittance or less, the driver must lower the side window 29 on the side of the officer’s approach of the vehicle to the 30 side window’s lowest possible position prior to the completion 31 of the officer’s approach of the vehicle, and must keep the 32 side window in the lowest possible position for the duration 33 of the stop unless otherwise instructed by the officer. A 34 violation of this provision of the bill is punishable by a 35 -4- LSB 1967YH (2) 89 th/ns 4/ 5

H.F. 531 scheduled fine of $20. However, if the violation is a person’s 1 first violation, and the person has not previously been issued 2 a warning memorandum for a similar violation, the officer is 3 required to issue a warning memorandum to the driver in lieu 4 of a citation. 5 An equipment-related violation of Code section 321.438 is 6 punishable by a scheduled fine of $70. 7 -5- LSB 1967YH (2) 89 th/ns 5/ 5