Bill Text: IA SF271 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to motor vehicles, including registration plates and the minimum standard of transparency for window tint, providing fees, providing penalties, and making penalties applicable. (Formerly SF 88.)

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-04-15 - Subcommittee Meeting: 04/16/2019 3:00PM Senate Lobbyist Lounge. [SF271 Detail]

Download: Iowa-2019-SF271-Introduced.html
Senate File 271 - Introduced SENATE FILE 271 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 88) A BILL FOR An Act relating to motor vehicles, including registration 1 plates and the minimum standard of transparency for window 2 tint, providing fees, providing penalties, and making 3 penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1038SV (2) 88 ns/rh
S.F. 271 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. 11 c. The special blackout fee for letter-number designated 12 blackout plates is thirty-five dollars. An applicant may 13 obtain personalized blackout plates upon payment of the fee for 14 personalized plates as provided in subsection 5, which is in 15 addition to the special blackout fee. The fees collected by 16 the director under this subsection shall be paid monthly to 17 the treasurer of state and deposited in the road use tax fund. 18 The treasurer of state shall credit monthly from the statutory 19 allocations fund created under section 321.145, subsection 2, 20 to each county’s county mental health and disabilities services 21 fund created pursuant to section 331.424A, the amount of the 22 special blackout fees collected in the previous month for the 23 blackout plates issued to vehicles registered in that county. 24 d. Upon receipt of the special registration plates, the 25 applicant shall surrender the current registration plates to 26 the county treasurer. The county treasurer shall validate 27 the special registration plates in the same manner as regular 28 registration plates are validated under this section. The 29 annual special blackout fee for letter-number designated plates 30 is ten dollars which shall be paid in addition to the regular 31 annual registration fee. The annual fee for personalized 32 blackout plates is five dollars which shall be paid in addition 33 to the annual special blackout fee and the regular annual 34 registration fee. The annual special blackout fee shall be 35 -1- LSB 1038SV (2) 88 ns/rh 1/ 6
S.F. 271 credited as provided under paragraph “c” . 1 e. The department shall not condition the issuance of 2 blackout plates on the receipt of any number of orders for 3 blackout plates. 4 Sec. 2. Section 321.37, subsection 3, Code 2019, is amended 5 to read as follows: 6 3. It is unlawful for the The owner of a vehicle to shall 7 not place any frame around or over the registration plate 8 which does not permit full view of all numerals and letters 9 the registration plate number, state name, and county name, 10 if applicable, printed on the registration plate , and any 11 validation sticker or other registration sticker required to be 12 displayed on the plate under this chapter . 13 Sec. 3. Section 321.166, subsection 9, Code 2019, is amended 14 to read as follows: 15 9. Special registration plates issued pursuant to section 16 321.34 , other than gold star, medal of honor, collegiate, fire 17 fighter, and natural resources , and blackout registration 18 plates, shall be consistent with the design and color of 19 regular registration plates but shall provide a space on a 20 portion of the plate for the purpose of allowing the placement 21 of a distinguishing processed emblem or an organization 22 decal. Special registration plates shall also comply with 23 the requirements for regular registration plates as provided 24 in this section to the extent the requirements are consistent 25 with the section authorizing a particular special vehicle 26 registration plate. 27 Sec. 4. Section 321.438, subsection 2, Code 2019, is amended 28 to read as follows: 29 2. a. A person shall not operate on the highway a motor 30 vehicle equipped with a front windshield, a side window to the 31 immediate right or left of the driver, or a side-wing sidewing 32 forward of and to the left or right of the driver which is 33 excessively dark or reflective so that it is difficult for a 34 person outside the motor vehicle to see into the motor vehicle 35 -2- LSB 1038SV (2) 88 ns/rh 2/ 6
S.F. 271 through the windshield, window, or sidewing does not meet a 1 minimum standard of transparency of thirty-five percent light 2 transmittance . The department shall adopt rules establishing a 3 minimum measurable standard of transparency which shall apply 4 to violations of this subsection . 5 b. If a peace officer stops a motor vehicle equipped with a 6 side window to the immediate right or left of the driver which 7 has a transparency of seventy percent light transmittance or 8 less, the driver shall lower the side window on the side of the 9 officer’s approach of the vehicle to the side window’s lowest 10 possible position prior to the completion of the officer’s 11 approach of the vehicle, and shall keep the side window in the 12 lowest possible position for the duration of the stop unless 13 otherwise instructed by the officer. A person convicted of a 14 violation of this paragraph is guilty of a simple misdemeanor 15 punishable as a scheduled violation under section 805.8A, 16 subsection 14, paragraph “m” . However, if the violation is a 17 person’s first violation of this paragraph, and the person has 18 not previously been issued a warning memorandum for a violation 19 of this paragraph, the officer shall issue a warning memorandum 20 to the driver in lieu of a citation. 21 Sec. 5. Section 805.8A, subsection 3, paragraph ag, Code 22 2019, is amended to read as follows: 23 ag. Section 321.438 , subsection 1, subsection 2, paragraph 24 “a” , and subsection 3 . . . . . . . . . . . . . . . . . . . . . $ 50. 25 Sec. 6. Section 805.8A, subsection 14, Code 2019, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . m. Failure to lower tinted side window. For 28 violations under section 321.438, subsection 2, paragraph “b” , 29 the scheduled fine is twenty dollars. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 BLACKOUT SPECIAL REGISTRATION PLATES. This bill authorizes 34 the department of transportation (DOT) to issue blackout 35 -3- LSB 1038SV (2) 88 ns/rh 3/ 6
S.F. 271 special registration plates. The bill requires the plate’s 1 background to be black and the plate’s letters and numbers to 2 be white. 3 The bill provides that the special blackout fee for 4 letter-number designated blackout plates is $35. An applicant 5 may obtain personalized blackout plates upon payment of the $25 6 fee for personalized plates set forth under current law, which 7 is in addition to the special blackout fee. The bill requires 8 the fees collected by the DOT for the plates to be paid monthly 9 to the treasurer of state and deposited in the road use tax 10 fund. The treasurer of state must then credit monthly from 11 the statutory allocations fund to each county’s county mental 12 health and disabilities services fund the amount of the special 13 blackout fees collected in the previous month for the blackout 14 plates issued to vehicles registered in that county. 15 Upon receipt of the special registration plates, the 16 applicant must surrender the current registration plates to 17 the county treasurer. The county treasurer must validate the 18 special registration plates in the same manner as regular 19 registration plates are validated. The annual special blackout 20 fee for letter-number designated plates is $10, which is in 21 addition to the regular annual registration fee. The annual 22 fee for personalized blackout plates is $5, which is in 23 addition to the annual special blackout fee and the regular 24 annual registration fee. The bill requires the annual special 25 blackout fee to be credited in the same way as the special 26 blackout fee. 27 The bill prohibits the DOT from conditioning the issuance 28 of blackout plates on the receipt of any number of orders for 29 blackout plates. 30 DISPLAY OF PLATES. The bill prohibits the owner of a vehicle 31 from placing any frame around or over the registration plate 32 which does not permit full view of the registration plate 33 number, state name, and county name, if applicable, printed on 34 the registration plate, and any validation sticker or other 35 -4- LSB 1038SV (2) 88 ns/rh 4/ 6
S.F. 271 registration sticker required to be displayed on the plate. 1 A violation of this provision of the bill is punishable by a 2 scheduled fine of $20. 3 WINDOW TINT. Under current law, a person is prohibited from 4 operating a motor vehicle equipped with a front windshield, a 5 side window to the immediate right or left of the driver, or 6 a sidewing forward of and to the left or right of the driver 7 which is excessively dark or reflective so that it is difficult 8 for a person outside the motor vehicle to see into the motor 9 vehicle through the windshield, window, or sidewing. Under 10 rules adopted by the DOT (761 IAC 450.7), “excessively dark or 11 reflective” means the windshield, side window, or sidewing does 12 not meet a minimum standard of transparency of 70 percent light 13 transmittance. 14 The bill prohibits a person from operating a motor vehicle 15 equipped with a front windshield, a side window to the 16 immediate right or left of the driver, or a sidewing forward 17 of and to the left or right of the driver which does not 18 meet a minimum standard of transparency of 35 percent light 19 transmittance. The bill also strikes the provision requiring 20 the DOT to adopt rules establishing a minimum measurable 21 standard of transparency. A violation of this provision of the 22 bill is punishable by a scheduled fine of $50. 23 The bill also provides that if a peace officer stops a motor 24 vehicle equipped with a side window to the immediate right or 25 left of the driver which has a transparency of 70 percent light 26 transmittance or less, the driver must lower the side window 27 on the side of the officer’s approach of the vehicle to the 28 side window’s lowest possible position prior to the completion 29 of the officer’s approach of the vehicle, and must keep the 30 side window in the lowest possible position for the duration 31 of the stop unless otherwise instructed by the officer. A 32 violation of this provision of the bill is punishable by a 33 scheduled fine of $20. However, if the violation is a person’s 34 first violation, and the person has not previously been issued 35 -5- LSB 1038SV (2) 88 ns/rh 5/ 6
S.F. 271 a warning memorandum for a similar violation, the officer is 1 required to issue a warning memorandum to the driver in lieu 2 of a citation. 3 -6- LSB 1038SV (2) 88 ns/rh 6/ 6
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