H.F. 405 Section 1. Section 321.438, subsection 2, Code 2023, is 1 amended by striking the subsection and inserting in lieu 2 thereof the following: 3 2. a. A person shall not operate on the highway a motor 4 vehicle equipped with a windshield, side window, or rear 5 window that is tinted so that the driver’s view through 6 the windshield, side window, or rear window is reduced or 7 the ability to see into the motor vehicle is substantially 8 impaired. Windows and window treatments prohibited under this 9 subsection include all of the following: 10 (1) A windshield with any sunscreening material that is 11 not clear and transparent below the AS-1 line or that has a 12 sunscreening material that is red, yellow, or amber in color 13 above the AS-1 line. 14 (2) Front side windows with any sunscreening or other 15 transparent material that has a luminous reflectance of more 16 than thirty-five percent or has light transmission of less than 17 thirty-five percent. 18 (3) A rear window or side windows behind the front seats 19 with sunscreening or other transparent material that has a 20 luminous reflectance of more than thirty-five percent or has 21 light transmission of less than twenty percent, except for the 22 rear window or side windows behind the front seats on a bus, 23 van, or motor vehicle designed to carry ten or fewer passengers 24 that is constructed on a truck chassis or with special features 25 for occasional off-road use. 26 (4) Windows on a motor vehicle as described in 49 C.F.R. 27 §571.205 that do not meet the standards for safety glazing 28 material specified under 49 C.F.R. §571.205. 29 b. Paragraph “a” does not apply to a person who operates 30 a motor vehicle owned or leased by a federal, state, or local 31 law enforcement agency if the operation is part of the person’s 32 official duties. 33 c. As used in this subsection: 34 (1) “AS-1 line” means a line extending from the letters 35 -1- LSB 1894YH (2) 90 th/ns 1/ 3

H.F. 405 AS-1, found on most motor vehicle windshields, running parallel 1 to the top of the windshield or a line five inches below and 2 parallel to the top of the windshield, whichever is closer to 3 the top of the windshield. 4 (2) “Light transmission” means the ratio of the amount of 5 total light, expressed in percentages, which is allowed to pass 6 through the sunscreening or transparent material to the amount 7 of total light falling on the motor vehicle window. 8 (3) “Luminous reflectance” means the ratio of the amount 9 of total light, expressed in percentages, which is reflected 10 outward by the sunscreening or transparent material to the 11 amount of total light falling on the motor vehicle window. 12 (4) “Sunscreening material” means a film, material, tint, 13 or device applied to motor vehicle windows for the purpose of 14 reducing the effects of the sun. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 Current law prohibits a person from operating on the highway 19 a motor vehicle that is equipped with a front windshield, side 20 window, or sidewing which is excessively dark or reflective 21 such that it is difficult for a person outside the motor 22 vehicle to see into the motor vehicle through the window. By 23 administrative rule, the department of transportation (DOT) 24 defines “excessively dark or reflective” to mean that the 25 window does not meet a minimum standard of transparency of 26 70 percent light transmittance. The prohibition does not 27 apply to a person who operates a motor vehicle owned or leased 28 by a federal, state, or local law enforcement agency if the 29 operation is part of the person’s official duties. 30 This bill prohibits a person from operating on the highway 31 a motor vehicle equipped with windows that are tinted so that 32 the driver’s view through the windshield, side window, or rear 33 window is reduced or the ability to see into the motor vehicle 34 is substantially impaired. The bill strikes DOT’s authority to 35 -2- LSB 1894YH (2) 90 th/ns 2/ 3

H.F. 405 adopt by rule a minimum measurable standard of transparency. 1 Instead, the bill provides a list of prohibited windows and 2 window treatments based on the type of window and type of 3 vehicle. 4 The bill does not apply to a person who operates a motor 5 vehicle owned or leased by a federal, state, or local law 6 enforcement agency if the operation is part of the person’s 7 official duties. 8 The bill defines the terms used in the bill, including 9 “AS-1 line”, “light transmission”, “luminous reflectance”, and 10 “sunscreening material”. 11 A violation of Code section 321.438 is punishable by a 12 scheduled fine of $70. 13 -3- LSB 1894YH (2) 90 th/ns 3/ 3