Senate File 332 - Introduced SENATE FILE 332 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 194) 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 1967SV (2) 89 th/ns

S.F. 332 Section 1. Section 321.438, subsection 2, Code 2021, 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 , which does not 4 meet a minimum standard of transparency of seventy percent 5 light transmittance. A person shall not operate on the 6 highway a motor vehicle equipped with a side window to the 7 immediate right or left of the driver , or a side-wing sidewing 8 forward of and to the left or right of the driver which is 9 excessively dark or reflective so that it is difficult for a 10 person outside the motor vehicle to see into the motor vehicle 11 through the windshield, window, or sidewing does not meet a 12 minimum standard of transparency of thirty-five percent light 13 transmittance . The department shall adopt rules establishing a 14 minimum measurable standard of transparency which shall apply 15 to violations of this subsection . 16 b. If a peace officer stops a motor vehicle equipped with a 17 side window to the immediate right or left of the driver which 18 has a transparency of seventy percent light transmittance or 19 less, the driver shall lower the side window on the side of the 20 officer’s approach of the vehicle to the side window’s lowest 21 possible position prior to the completion of the officer’s 22 approach of the vehicle, and shall keep the side window in the 23 lowest possible position for the duration of the stop unless 24 otherwise instructed by the officer. A person convicted of a 25 violation of this paragraph is guilty of a simple misdemeanor 26 punishable as a scheduled violation under section 805.8A, 27 subsection 14, paragraph “q” . However, if the violation is a 28 person’s first violation of this paragraph, and the person has 29 not previously been issued a warning memorandum for a violation 30 of this paragraph, the officer shall issue a warning memorandum 31 to the driver in lieu of a citation. 32 Sec. 2. Section 805.8A, subsection 3, paragraph ah, Code 33 2021, is amended to read as follows: 34 ah. Section 321.438 , subsection 1, subsection 2, paragraph 35 -1- LSB 1967SV (2) 89 th/ns 1/ 3

S.F. 332 “a” , and subsection 3 . . . . . . . . . . . . . . . . . . . . . $ 70. 1 Sec. 3. Section 805.8A, subsection 14, Code 2021, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . q. Failure to lower tinted side window. For 4 violations under section 321.438, subsection 2, paragraph “b” , 5 the scheduled fine is twenty dollars. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 Under current law, a person is prohibited from operating a 10 motor vehicle equipped with a front windshield, a side window 11 to the immediate right or left of the driver, or a sidewing 12 forward of and to the left or right of the driver which is 13 excessively dark or reflective so that it is difficult for a 14 person outside the motor vehicle to see into the motor vehicle 15 through the windshield, window, or sidewing. Under rules 16 adopted by the department of transportation (DOT) (761 IAC 17 450.7), “excessively dark or reflective” means the windshield, 18 side window, or sidewing does not meet a minimum standard of 19 transparency of 70 percent light transmittance. 20 This bill prohibits a person from operating a motor vehicle 21 equipped with a front windshield which does not meet a minimum 22 standard of transparency of 70 percent light transmittance. 23 The bill prohibits a person from operating a motor vehicle 24 equipped with a side window to the immediate right or left 25 of the driver or a sidewing forward of and to the left or 26 right of the driver which does not meet a minimum standard 27 of transparency of 35 percent light transmittance. The bill 28 also strikes the provision requiring the DOT to adopt rules 29 establishing a minimum measurable standard of transparency. 30 A violation of this provision of the bill is punishable by a 31 scheduled fine of $70. 32 The bill also provides that if a peace officer stops a motor 33 vehicle equipped with a side window to the immediate right or 34 left of the driver which has a transparency of 70 percent light 35 -2- LSB 1967SV (2) 89 th/ns 2/ 3

S.F. 332 transmittance or less, the driver must lower the side window 1 on the side of the officer’s approach of the vehicle to the 2 side window’s lowest possible position prior to the completion 3 of the officer’s approach of the vehicle, and must keep the 4 side window in the lowest possible position for the duration 5 of the stop unless otherwise instructed by the officer. A 6 violation of this provision of the bill is punishable by a 7 scheduled fine of $20. However, if the violation is a person’s 8 first violation, and the person has not previously been issued 9 a warning memorandum for a similar violation, the officer is 10 required to issue a warning memorandum to the driver in lieu 11 of a citation. 12 -3- LSB 1967SV (2) 89 th/ns 3/ 3