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:
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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
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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
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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
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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
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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
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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.
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