Bills › 88th General Assembly

SF 271Died when the session ended · February 14, 2019

Relating to motor vehicles, including registration plates and the minimum standard of transparency for window tint, providing fees, providing penalties, and making penalties applicable

Sponsored by the Senate Transportation Committee

Topics:TaxesTransportation

Same legislation: SF 88

Where it is now

  1. Done: IntroducedJanuary 23, 2019
  2. Done: SubcommitteeJanuary 24, 2019
  3. Done: Senate committeeFebruary 14, 2019
  4. Stopped: Passes the SenateDied when the General Assembly ended
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

BLACKOUT SPECIAL REGISTRATION PLATES. This bill authorizes the department of transportation (DOT) to issue blackout special registration plates. The bill requires the plate’s background to be black and the plate’s letters and numbers to be white. The bill provides that the special blackout fee for letter-number designated blackout plates is $35. An applicant may obtain personalized blackout plates upon payment of the $25 fee for personalized plates set forth under current law, which is in addition to the special blackout fee.

Read the full explanation

The bill requires the fees collected by the DOT for the plates to be paid monthly to the treasurer of state and deposited in the road use tax fund. The treasurer of state must then credit monthly from the statutory allocations fund to each county’s county mental health and disabilities services fund the amount of the special blackout fees collected in the previous month for the blackout plates issued to vehicles registered in that county. Upon receipt of the special registration plates, the applicant must surrender the current registration plates to the county treasurer. The county treasurer must validate the special registration plates in the same manner as regular registration plates are validated. The annual special blackout fee for letter-number designated plates is $10, which is in addition to the regular annual registration fee. The annual fee for personalized blackout plates is $5, which is in addition to the annual special blackout fee and the regular annual registration fee. The bill requires the annual special blackout fee to be credited in the same way as the special blackout fee. The bill prohibits the DOT from conditioning the issuance of blackout plates on the receipt of any number of orders for blackout plates. DISPLAY OF PLATES. The bill prohibits the owner of a vehicle from placing any frame around or over the registration plate which does not permit full view of the registration plate number, state name, and county name, if applicable, printed on the registration plate, and any validation sticker or other registration sticker required to be displayed on the plate. A violation of this provision of the bill is punishable by a scheduled fine of $20. WINDOW TINT. Under current law, a person is prohibited from operating a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver, or a sidewing forward of and to the left or right of the driver which is excessively dark or reflective so that it is difficult for a person outside the motor vehicle to see into the motor vehicle through the windshield, window, or sidewing.7), “excessively dark or reflective” means the windshield, side window, or sidewing does not meet a minimum standard of transparency of percent light transmittance. The bill prohibits a person from operating a motor vehicle equipped with a front windshield, a side window to the immediate right or left of the driver, or a sidewing forward of and to the left or right of the driver which does not meet a minimum standard of transparency of percent light transmittance. The bill also strikes the provision requiring the DOT to adopt rules establishing a minimum measurable standard of transparency. A violation of this provision of the bill is punishable by a scheduled fine of $50. The bill also provides that if a peace officer stops a motor vehicle equipped with a side window to the immediate right or left of the driver which has a transparency of percent light transmittance or less, the driver must lower the side window on the side of the officer’s approach of the vehicle to the side window’s lowest possible position prior to the completion of the officer’s approach of the vehicle, and must keep the side window in the lowest possible position for the duration of the stop unless otherwise instructed by the officer. A violation of this provision of the bill is punishable by a scheduled fine of $20. However, if the violation is a person’s first violation, and the person has not previously been issued a warning memorandum for a similar violation, the officer is required to issue a warning memorandum to the driver in lieu of a citation.

Full bill text1

Senate subcommittee

Named February 19, 2019. Meeting: Tuesday, April 16 · 3:00 PM · Senate Lobbyist Lounge.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

Can’t be estimated Compare with other bills

AI summary This bill changes window tinting transparency standards, creates a new blackout license plate with associated fees, and establishes a misdemeanor for drivers who do not lower tinted windows for officers. The bill is estimated to reduce state revenue by between $40,673 and $122,017 for fiscal year 2019 due to a potential decrease in window-tinting convictions. While the number of blackout license plates issued cannot be estimated, the note provides an example scenario where 200 personalized plates could generate $10,000 for the Road Use Tax Fund and County Mental Health and Disabilities Services Funds.2

Read the fiscal note

Description

Senate File 271 makes several changes to Iowa Code, as follows:

  • Creates a blackout license plate with a corresponding $35 initial fee. In addition, there is a $10 annual fee for blackout license plates and a $5 fee, if applicable, for personalized plates. The fees will be deposited in the Road Use Tax Fund (RUTF). An amount equal to revenue generated from the blackout license plates issued in each county will be credited to each county’s respective County Mental Health and Disabilities Services Fund from the Statutory Allocations Fund.
  • Reduces the minimum standard of transparency for tinted vehicle windows to 35.0% light transmittance. The Bill also strikes a provision requiring the Department of Transportation (DOT) to adopt rules regarding window transparency.
  • Creates a new simple misdemeanor for drivers of vehicles with side windows of 70.0% or less light transmittance who fail to lower their window on the approach of a peace officer. A first-time offender will receive a warning; subsequent offenses are subject to a $20 scheduled fine.

Background

Previously, the DOT adopted rules under 761 IAC 450.7 establishing a minimum standard of transparency of 70.0% for a vehicle’s windows, including the front windshield, front sidewings, and immediate front sidewings. There are medical exemptions under DOT Form 432020, if signed by an approved medical practitioner prior to July 4, 2012, which remain valid. In FY 2018, there were 6,745 convictions for excessively dark vehicle windows or windshields. There is a scheduled fine of $50 associated with a violation of Iowa Code section 321.438(2). Other costs and revenues associated with this violation include:

  • Court costs of $60 per violation.
  • A 35.0% Criminal Penalty Surcharge, with 95.0% going to the State. Of the State’s share, 83.0% is distributed to the General Fund and 17.0% to the Victim Compensation Fund. The remaining 5.0% will go to the city or county where the violation occurred.

Assumptions

  • The number of convictions for having an excessively dark window or windshield may decrease under SF 271.
  • Fees for blackout license plates include $35 at initial issuance and $10 annually, going toward each county’s County Mental Health and Disabilities Services Fund. In addition, a $5 personalized plate fee is deposited in the RUTF.
  • There is an estimated collection rate of 63.8% for scheduled fines.

Fiscal Impact

Table 1 shows the estimated revenue reductions that would stem from a reduction in window-tinting-related convictions ranging from 500 (7.4%) to 1,500 (22.2%). It is unknown how many of the previous violations fell between the current minimum standard of transparency of 70.0% light transmittance and the proposed minimum of 35.0% light transmittance. While the number of blackout license plates that will be issued cannot be estimated, Table 2 demonstrates an example scenario where 200 personalized blackout license plates are issued. The revenue resulting from the proposed scheduled fine of $20 for failing to lower a tinted side window cannot be estimated.

Table 1 Table 2

Sources

  • Department of Human Rights, Criminal and Juvenile Justice Planning Division
  • Iowa Department of Transportation

Reading a fiscal note3

Iowa Code it changes

Amends§321.166§321.34§321.37§321.438§805.8A

How the Code works4

Lobbying

0 for · 1 against · 13 undecided · Who →

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