Full Text of HB4033 101st General Assembly
HB4033ham001 101ST GENERAL ASSEMBLY | Rep. Maurice A. West, II Filed: 2/27/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4033
| 2 | | AMENDMENT NO. ______. Amend House Bill 4033 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 12-503 as follows:
| 6 | | (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| 7 | | Sec. 12-503. Windshields must be unobstructed and equipped | 8 | | with wipers.
| 9 | | (a) No person shall drive a motor vehicle with any sign, | 10 | | poster, window
application, reflective material, nonreflective | 11 | | material or tinted film
upon the front windshield, except that | 12 | | a nonreflective tinted film may be used along
the uppermost | 13 | | portion of the windshield if such material does not extend
more | 14 | | than 6 inches down from the top of the windshield.
| 15 | | (a-3) No new or used motor vehicle dealer shall permit a | 16 | | driver to drive a motor vehicle offered for sale or lease off |
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| 1 | | the premises where the motor vehicle is being offered for sale | 2 | | or lease, including when the driver is test driving the | 3 | | vehicle, with signs, decals, paperwork, or other material on | 4 | | the front windshield or on the windows immediately adjacent to | 5 | | each side of the driver that would obstruct the driver's view | 6 | | in violation of subsection (a) of this Section. For purposes of | 7 | | this subsection (a-3), "test driving" means when a driver, with | 8 | | permission of the new or used vehicle dealer or employee of the | 9 | | new or used vehicle dealer, drives a vehicle owned and held for | 10 | | sale or lease by a new or used vehicle dealer that the driver | 11 | | is considering to purchase or lease. | 12 | | (a-5) No window treatment or tinting shall be applied to | 13 | | the windows immediately adjacent to each side of the driver, | 14 | | except: | 15 | | (1) On vehicles where none of the windows to the rear | 16 | | of the driver's seat are treated in a manner that allows | 17 | | less than 30% light transmittance, a nonreflective tinted | 18 | | film that allows at least 50% light transmittance, with a | 19 | | 5% variance observed by any law enforcement official | 20 | | metering the light transmittance, may be used on the | 21 | | vehicle windows immediately adjacent to each side of the | 22 | | driver. | 23 | | (2) On vehicles where none of the windows to the rear | 24 | | of the driver's seat are treated in a manner that allows | 25 | | less than 35% light transmittance, a nonreflective tinted | 26 | | film that allows at least 35% light transmittance, with a |
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| 1 | | 5% variance observed by any law enforcement official | 2 | | metering the light transmittance, may be used on the | 3 | | vehicle windows immediately adjacent to each side of the | 4 | | driver. | 5 | | (3) (Blank). | 6 | | (4) On vehicles where a nonreflective smoked or tinted | 7 | | glass that was originally installed by the manufacturer on | 8 | | the windows to the rear of the driver's seat, a | 9 | | nonreflective tint that allows at least 50% light | 10 | | transmittance, with a 5% variance observed by a law | 11 | | enforcement official metering the light transmittance, may | 12 | | be used on the vehicle windows immediately adjacent to each | 13 | | side of the driver. | 14 | | (a-10) No person shall install or repair any material | 15 | | prohibited by subsection (a) of this Section. | 16 | | (1) Nothing in this subsection shall prohibit a person | 17 | | from removing or altering any material prohibited by | 18 | | subsection (a) to make a motor vehicle comply with the | 19 | | requirements of this Section. | 20 | | (2) Nothing in this subsection shall prohibit a person | 21 | | from installing window treatment for a person with a | 22 | | medical condition described in subsection (g) of this | 23 | | Section. An installer who installs window treatment for a | 24 | | person with a medical condition described in subsection (g) | 25 | | must obtain a copy of the certified statement or letter | 26 | | written by a physician described in subsection (g) from the |
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| 1 | | person with the medical condition prior to installing the | 2 | | window treatment. The copy of the certified statement or | 3 | | letter must be kept in the installer's permanent records. | 4 | | (b) On motor vehicles where window treatment has not been | 5 | | applied to the windows immediately adjacent to each side of the | 6 | | driver, the use of a
perforated
window screen or other | 7 | | decorative window application on windows to the rear
of the | 8 | | driver's seat shall be allowed. | 9 | | (b-5) Any motor vehicle with a window to the
rear of the | 10 | | driver's seat treated in this manner shall be equipped with a
| 11 | | side mirror on each side of the motor vehicle which are in | 12 | | conformance with
Section 12-502.
| 13 | | (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.
| 18 | | (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.
| 25 | | (e) No person shall drive a motor vehicle when the | 26 | | windshield, side or
rear windows are in such defective |
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| 1 | | 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
| 4 | | with Section 12-502 will be deemed to be in compliance in the | 5 | | event the
rear window of the vehicle is materially obscured.
| 6 | | (f) Subsections (a), (a-5), (b), and (b-5) of this Section | 7 | | shall not apply to:
| 8 | | (1) (Blank).
| 9 | | (2) those motor vehicles properly registered in | 10 | | another jurisdiction.
| 11 | | (g) Subsections (a) and (a-5) of this Section shall not | 12 | | apply to window treatment, including, but not limited to, a | 13 | | window application,
nonreflective material, or tinted film, | 14 | | applied or affixed
to a motor vehicle for which distinctive | 15 | | license plates or license plate stickers have been issued | 16 | | pursuant to subsection (k) of Section 3-412 of this Code, and | 17 | | which:
| 18 | | (1) is owned and operated by a person afflicted with or | 19 | | suffering
from a medical disease, including, but not | 20 | | limited to, systemic or discoid lupus erythematosus, | 21 | | disseminated superficial actinic porokeratosis, light | 22 | | sensitivity as a result of a traumatic brain
injury, or | 23 | | albinism, which would require that person
to be shielded | 24 | | from the direct rays of the sun; or
| 25 | | (2) is used in transporting a person when the person
| 26 | | resides at
the same address as the registered owner of the |
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| 1 | | vehicle and the
person is
afflicted with or suffering from | 2 | | a medical disease
which would require the person to be | 3 | | shielded from the direct rays
of the
sun, including, but | 4 | | not limited to, systemic or discoid lupus erythematosus, | 5 | | disseminated superficial actinic porokeratosis, light | 6 | | sensitivity as a result of a traumatic brain
injury, or | 7 | | albinism.
| 8 | | The owner must obtain a certified statement or letter | 9 | | written by a physician licensed to practice medicine in
| 10 | | Illinois that such person owning and operating or being | 11 | | transported in a motor
vehicle is afflicted with or suffers | 12 | | from such disease, including, but not limited to, systemic | 13 | | or discoid lupus erythematosus, disseminated superficial | 14 | | actinic porokeratosis, light sensitivity as a result of a | 15 | | traumatic brain
injury, or albinism. However, no exemption | 16 | | from the requirements of subsection (a-5) shall be granted | 17 | | for any condition, such as light sensitivity, for which | 18 | | protection from the direct rays of the sun can be | 19 | | adequately obtained by the use of sunglasses or other eye | 20 | | protective devices. | 21 | | Such certification must be carried in the motor vehicle | 22 | | at all times. The
certification shall be legible and shall | 23 | | contain the date of issuance, the
name, address and | 24 | | signature of the attending physician, and the name, | 25 | | address,
and medical condition of the person requiring | 26 | | exemption. The information on
the certificate for a window |
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| 1 | | treatment must remain current and shall be renewed every 4 | 2 | | years
by the attending physician. The owner shall also | 3 | | submit a copy of the certification to
the Secretary of
| 4 | | State. The Secretary of State may forward notice of | 5 | | certification to law
enforcement agencies.
| 6 | | (g-5) (Blank). | 7 | | (g-7) Installers shall only install window treatment | 8 | | authorized by subsection (g) on motor vehicles for which | 9 | | distinctive plates or license plate stickers have been issued | 10 | | pursuant to subsection (k) of Section 3-412 of this Code. The | 11 | | distinctive license plates or plate sticker must be on the | 12 | | motor vehicle at the time of window treatment installation. | 13 | | (h) Subsection (a) of this Section shall not apply to motor | 14 | | vehicle
stickers or other certificates issued by State or local | 15 | | authorities which
are required to be displayed upon motor | 16 | | vehicle windows to evidence
compliance with requirements | 17 | | concerning motor vehicles.
| 18 | | (i) (Blank).
| 19 | | (j) A person found guilty of violating subsection (a), | 20 | | (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this
Section | 21 | | shall be guilty of a petty offense and fined no less than $50 | 22 | | nor more
than $500. A second or subsequent violation of | 23 | | subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
| 24 | | this Section shall be treated as a Class C misdemeanor and the | 25 | | violator fined
no less than $100 nor more than $500. Any person | 26 | | convicted under subsection
(a), (a-5), (b), or (b-5) of this |
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| 1 | | Section shall be ordered to alter any
nonconforming windows | 2 | | into compliance with this Section.
| 3 | | (k) Except as provided in subsection (a-3) of this Section, | 4 | | nothing in this
Section shall create a cause of action on | 5 | | behalf of a buyer against a
vehicle dealer or manufacturer who | 6 | | sells a motor vehicle with a window which is in
violation of | 7 | | this Section. | 8 | | (l) The Secretary of State shall provide a notice of the | 9 | | requirements of this Section to a new resident applying for | 10 | | vehicle registration in this State pursuant to Section 3-801 of | 11 | | this Code. The Secretary of State may comply with this | 12 | | subsection by posting the requirements of this Section on the | 13 | | Secretary of State's website. | 14 | | (m) A home rule unit may not regulate motor vehicles in a | 15 | | manner inconsistent with this Section. This Section is a | 16 | | limitation under subsection (i) of Section 6 of Article VII of | 17 | | the Illinois Constitution on the concurrent exercise by home | 18 | | rule units of powers and functions exercised by the State. | 19 | | (Source: P.A. 100-346, eff. 1-1-18; 100-863, eff. 8-14-18.)".
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