Full Text of HB3325 96th General Assembly
HB3325eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. The purpose of this Act is to allow drivers or | 5 |
| passengers of motor vehicles to protect themselves from skin | 6 |
| cancer, while at the same time to protect the environment from | 7 |
| the harmful emissions created by the excessive and unnecessary | 8 |
| use of vehicle air-conditioning systems. | 9 |
| Section 5. The Illinois Vehicle Code is amended by changing | 10 |
| Section 12-503 as follows:
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| (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
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| Sec. 12-503. Windshields must be unobstructed and equipped | 13 |
| with wipers.
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| (a) No person shall drive a motor vehicle with any sign, | 15 |
| poster, window
application, reflective material, nonreflective | 16 |
| material or tinted film
upon the front windshield, sidewings or | 17 |
| side windows immediately adjacent
to each side of the driver , | 18 |
| except as provided in this subsection and subsections (a-5), | 19 |
| (a-7), and (a-9) of this Section . A nonreflective tinted film | 20 |
| may be used along
the uppermost portion of the windshield if | 21 |
| such material does not extend
more than 6 inches down from the | 22 |
| top of the windshield. Nothing in this
Section shall create a |
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| cause of action on behalf of a buyer against a
dealer or | 2 |
| manufacturer who sells a motor vehicle with a window which is | 3 |
| in
violation of this Section.
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| (a-5) A nonreflective tinted film that does not allow less | 5 |
| than 50% light transmittance, with a 5% variance observed by | 6 |
| any law enforcement official metering the light transmittance, | 7 |
| may be used on the side windows immediately adjacent to each | 8 |
| side of the driver. This subsection does not apply to the front | 9 |
| windshield. This subsection does not apply to any motor | 10 |
| vehicle, except as provided for in subsection (a-9) of this | 11 |
| Section, that has one or more windows to the rear of the | 12 |
| driver's seat treated in a manner described by subsection (b) | 13 |
| of this Section that allows less than 30% light transmittance. | 14 |
| (a-7) A nonreflective tinted film that does not allow less | 15 |
| than 35% light transmittance, with a 5% variance observed by | 16 |
| any law enforcement official metering the light transmittance, | 17 |
| may be used on the side windows immediately adjacent to each | 18 |
| side of the driver. This subsection does not apply to the front | 19 |
| windshield. This subsection does not apply to any motor vehicle | 20 |
| that has one or more windows to the rear of the driver's seat | 21 |
| treated in a manner described by subsection (b) of this Section | 22 |
| that allows less than 35% light transmittance. | 23 |
| (a-9) A nonreflective tinted film that does not allow less | 24 |
| than 50% light transmittance, with a 5% variance observed by | 25 |
| any law enforcement official metering the light transmittance, | 26 |
| may be used on the side windows immediately adjacent to each |
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| side of the driver in any multipurpose passenger vehicle, as | 2 |
| defined by Section 1-148.3b of this Code. This Section does not | 3 |
| apply to any multipurpose passenger vehicle which has tinting | 4 |
| other than the tinting originally applied by the manufacturer. | 5 |
| (b) Nothing contained in this Section shall prohibit the | 6 |
| use of
nonreflective, smoked or tinted glass, nonreflective | 7 |
| film, perforated
window screen or other decorative window | 8 |
| application on windows to the rear
of the driver's seat, except | 9 |
| that any motor vehicle with a window to the
rear of the | 10 |
| driver's seat treated in this manner shall be equipped with a
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| side mirror on each side of the motor vehicle which are in | 12 |
| conformance with
Section 12-502.
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| (c) No person shall drive a motor vehicle with any objects | 14 |
| placed or
suspended between the driver and the front | 15 |
| windshield, rear
window, side wings or side windows immediately | 16 |
| adjacent to each side of
the driver which materially obstructs | 17 |
| the driver's view.
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| (d) Every motor vehicle, except motorcycles, shall be | 19 |
| equipped with a
device, controlled by the driver, for cleaning | 20 |
| rain, snow, moisture or other
obstructions from the windshield; | 21 |
| and no person shall drive a motor vehicle
with snow, ice, | 22 |
| moisture or other material on any of the windows or
mirrors, | 23 |
| which materially obstructs the driver's clear view of the | 24 |
| highway.
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| (e) No person shall drive a motor vehicle when the | 26 |
| windshield, side or
rear windows are in such defective |
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| condition or repair as to materially
impair the driver's view | 2 |
| to the front, side or rear. A vehicle equipped
with a side | 3 |
| mirror on each side of the vehicle which are in conformance
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| with Section 12-502 will be deemed to be in compliance in the | 5 |
| event the
rear window of the vehicle is materially obscured.
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| (f) Paragraphs (a) and (b) of this Section shall not apply | 7 |
| to:
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| (1) (Blank). motor vehicles manufactured prior to | 9 |
| January 1, 1982; or
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| (2) to those motor vehicles properly registered in | 11 |
| another jurisdiction.
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| (g) Paragraph (a) of this Section shall not apply to any | 13 |
| motor vehicle with
a window treatment, including but not | 14 |
| limited to a window application,
reflective material, | 15 |
| nonreflective material, or tinted film, applied or affixed
to a | 16 |
| motor vehicle that:
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| (1) is owned and operated by a person afflicted with or | 18 |
| suffering
from a medical illness, ailment, or disease, | 19 |
| including but not limited to systemic or discoid lupus | 20 |
| erythematosus, disseminated superficial actinic | 21 |
| porokeratosis, or albinism, which would require that | 22 |
| person
to be shielded from the direct rays of the sun; or
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| (2) is used in transporting a person when the person
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| resides at
the same address as the registered owner of the | 25 |
| vehicle and the
person is
afflicted with or suffering from | 26 |
| a medical illness, ailment or disease
which would require |
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| the person to be shielded from the direct rays
of the
sun, | 2 |
| including but not limited to systemic or discoid lupus | 3 |
| erythematosus, disseminated superficial actinic | 4 |
| porokeratosis, or albinism.
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| The owner must obtain a certified statement or letter | 6 |
| written by a physician licensed to practice medicine in
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| Illinois that such person owning and operating or being | 8 |
| transported in a motor
vehicle is afflicted with or suffers | 9 |
| from such illness, ailment, or disease, including but not | 10 |
| limited to systemic or discoid lupus erythematosus, | 11 |
| disseminated superficial actinic porokeratosis, or | 12 |
| albinism, and
such certification must be carried in the | 13 |
| motor vehicle at all times. The
certification shall be | 14 |
| legible and shall contain the date of issuance, the
name, | 15 |
| address and signature of the attending physician, and the | 16 |
| name, address,
and medical condition of the person | 17 |
| requiring exemption. The information on
the certificate | 18 |
| for a window treatment must remain current and shall be | 19 |
| renewed
annually by the attending physician. The owner | 20 |
| shall also submit a copy of the certification to
the | 21 |
| Secretary of
State. The Secretary of State may forward | 22 |
| notice of certification to law
enforcement agencies.
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| (g-3) Paragraph (a) of this Section shall not apply to any | 24 |
| motor vehicle with
a window treatment, including but not | 25 |
| limited to a window application, nonreflective material, or | 26 |
| tinted film, applied or affixed
to a motor vehicle displaying a |
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| distinctive license plates or license plate stickers | 2 |
| authorized under subsection (k) of Section 3-412 of this Code. | 3 |
| (g-5) (Blank). | 4 |
| (g-7) An installer who installs window treatment for a | 5 |
| person with a medical condition described in subsection (g) | 6 |
| must obtain a copy of the certified statement or letter written | 7 |
| by a physician described in subsection (g) from the person with | 8 |
| the medical condition prior to installing the window treatment. | 9 |
| The copy of the certified statement or letter must be kept in | 10 |
| the installer's permanent records. | 11 |
| (h) Paragraph (a) of this Section shall not apply to motor | 12 |
| vehicle
stickers or other certificates issued by State or local | 13 |
| authorities which
are required to be displayed upon motor | 14 |
| vehicle windows to evidence
compliance with requirements | 15 |
| concerning motor vehicles.
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| (i) (Blank). Those motor vehicles exempted under paragraph | 17 |
| (f)(1) of this Section
shall not cause their windows to be | 18 |
| treated as described in paragraph (a) after
January 1, 1993.
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| (j) A person found guilty of violating paragraphs (a), (b), | 20 |
| or (g-7) (i) of this
Section shall be guilty of a petty offense | 21 |
| and fined no less than $50 nor more
than $500. A second or | 22 |
| subsequent violation of paragraphs (a), (b), or (g-7) (i) of
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| this Section shall be treated as a Class C misdemeanor and the | 24 |
| violator fined
no less than $100 nor more than $500. Any person | 25 |
| convicted under paragraphs
(a), (b), or (g-7) (i) of this | 26 |
| Section shall be ordered to alter any
nonconforming windows |
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| into compliance with this Section.
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| (k) Nothing in this
Section shall create a cause of action | 3 |
| on behalf of a buyer against a
dealer or manufacturer who sells | 4 |
| a motor vehicle with a window which is in
violation of this | 5 |
| Section. | 6 |
| (Source: P.A. 94-564, eff. 8-12-05; 95-202, eff. 8-16-07.)
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