Full Text of SB1764 98th General Assembly
SB1764ham002 98TH GENERAL ASSEMBLY | Rep. Mike Bost Filed: 5/9/2013
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| 1 | | AMENDMENT TO SENATE BILL 1764
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1764 as follows:
| 3 | | on page 1, line 5, by replacing "Section 6-303" with "Sections | 4 | | 6-303 and 12-503"; and | 5 | | on page 13, below line 16, by inserting the following:
| 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-5) No window treatment or tinting shall be applied to |
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| 1 | | the windows immediately adjacent to each side of the driver, | 2 | | except: | 3 | | (1) On vehicles where none of the windows to the rear | 4 | | of the driver's seat are treated in a manner that allows | 5 | | less than 30% light transmittance, a nonreflective tinted | 6 | | film that allows at least 50% light transmittance, with a | 7 | | 5% variance observed by any law enforcement official | 8 | | metering the light transmittance, may be used on the | 9 | | vehicle windows immediately adjacent to each side of the | 10 | | driver. | 11 | | (2) On vehicles where none of the windows to the rear | 12 | | of the driver's seat are treated in a manner that allows | 13 | | less than 35% light transmittance, a nonreflective tinted | 14 | | film that allows at least 35% light transmittance, with a | 15 | | 5% variance observed by any law enforcement official | 16 | | metering the light transmittance, may be used on the | 17 | | vehicle windows immediately adjacent to each side of the | 18 | | driver. | 19 | | (3) (Blank). | 20 | | (4) On vehicles where a nonreflective smoked or tinted | 21 | | glass that was originally installed by the manufacturer on | 22 | | the windows to the rear of the driver's seat, a | 23 | | nonreflective tint that allows at least 50% light | 24 | | transmittance, with a 5% variance observed by a law | 25 | | enforcement official metering the light transmittance, may | 26 | | be used on the vehicle windows immediately adjacent to each |
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| 1 | | side of the driver. | 2 | | (a-10) No person shall install or repair any material | 3 | | prohibited by subsection (a) of this Section. | 4 | | (1) Nothing in this subsection shall prohibit a person | 5 | | from removing or altering any material prohibited by | 6 | | subsection (a) to make a motor vehicle comply with the | 7 | | requirements of this Section. | 8 | | (2) Nothing in this subsection shall prohibit a person | 9 | | from installing window treatment for a person with a | 10 | | medical condition described in subsection (g) of this | 11 | | Section. An installer who installs window treatment for a | 12 | | person with a medical condition described in subsection (g) | 13 | | must obtain a copy of the certified statement or letter | 14 | | written by a physician described in subsection (g) from the | 15 | | person with the medical condition prior to installing the | 16 | | window treatment. The copy of the certified statement or | 17 | | letter must be kept in the installer's permanent records. | 18 | | (b) On motor vehicles where window treatment has not been | 19 | | applied to the windows immediately adjacent to each side of the | 20 | | driver, the use of a
perforated
window screen or other | 21 | | decorative window application on windows to the rear
of the | 22 | | driver's seat shall be allowed. | 23 | | (b-5) Any motor vehicle with a window to the
rear of the | 24 | | driver's seat treated in this manner shall be equipped with a
| 25 | | side mirror on each side of the motor vehicle which are in | 26 | | conformance with
Section 12-502.
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| 1 | | (c) No person shall drive a motor vehicle with any objects | 2 | | placed or
suspended between the driver and the front | 3 | | windshield, rear
window, side wings or side windows immediately | 4 | | adjacent to each side of
the driver which materially obstructs | 5 | | the driver's view.
| 6 | | (d) Every motor vehicle, except motorcycles, shall be | 7 | | equipped with a
device, controlled by the driver, for cleaning | 8 | | rain, snow, moisture or other
obstructions from the windshield; | 9 | | and no person shall drive a motor vehicle
with snow, ice, | 10 | | moisture or other material on any of the windows or
mirrors, | 11 | | which materially obstructs the driver's clear view of the | 12 | | highway.
| 13 | | (e) No person shall drive a motor vehicle when the | 14 | | windshield, side or
rear windows are in such defective | 15 | | condition or repair as to materially
impair the driver's view | 16 | | to the front, side or rear. A vehicle equipped
with a side | 17 | | mirror on each side of the vehicle which are in conformance
| 18 | | with Section 12-502 will be deemed to be in compliance in the | 19 | | event the
rear window of the vehicle is materially obscured.
| 20 | | (f) Paragraphs (a), (a-5), (b), and (b-5) of this Section | 21 | | shall not apply to:
| 22 | | (1) (Blank).
| 23 | | (2) those motor vehicles properly registered in | 24 | | another jurisdiction.
| 25 | | (g) Paragraphs (a) and (a-5) of this Section shall not | 26 | | apply to window treatment, including but not limited to a |
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| 1 | | window application,
nonreflective material, or tinted film, | 2 | | applied or affixed
to a motor vehicle for which distinctive | 3 | | license plates or license plate stickers have been issued | 4 | | pursuant to subsection (k) of Section 3-412 of this Code, and | 5 | | which:
| 6 | | (1) is owned and operated by a person afflicted with or | 7 | | suffering
from a medical disease, including but not limited | 8 | | to systemic or discoid lupus erythematosus, disseminated | 9 | | superficial actinic porokeratosis, or albinism, which | 10 | | would require that person
to be shielded from the direct | 11 | | rays of the sun; or
| 12 | | (2) is used in transporting a person when the person
| 13 | | resides at
the same address as the registered owner of the | 14 | | vehicle and the
person is
afflicted with or suffering from | 15 | | a medical disease
which would require the person to be | 16 | | shielded from the direct rays
of the
sun, including but not | 17 | | limited to systemic or discoid lupus erythematosus, | 18 | | disseminated superficial actinic porokeratosis, or | 19 | | albinism.
| 20 | | The owner must obtain a certified statement or letter | 21 | | written by a physician licensed to practice medicine in
| 22 | | Illinois that such person owning and operating or being | 23 | | transported in a motor
vehicle is afflicted with or suffers | 24 | | from such disease, including but not limited to systemic or | 25 | | discoid lupus erythematosus, disseminated superficial | 26 | | actinic porokeratosis, or albinism. However, no exemption |
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| 1 | | from the requirements of subsection (a-5) shall be granted | 2 | | for any condition, such as light sensitivity, for which | 3 | | protection from the direct rays of the sun can be | 4 | | adequately obtained by the use of sunglasses or other eye | 5 | | protective devices. | 6 | | Such certification must be carried in the motor vehicle | 7 | | at all times. The
certification shall be legible and shall | 8 | | contain the date of issuance, the
name, address and | 9 | | signature of the attending physician, and the name, | 10 | | address,
and medical condition of the person requiring | 11 | | exemption. The information on
the certificate for a window | 12 | | treatment must remain current and shall be renewed
annually | 13 | | by the attending physician. The owner shall also submit a | 14 | | copy of the certification to
the Secretary of
State. The | 15 | | Secretary of State may forward notice of certification to | 16 | | law
enforcement agencies.
| 17 | | (g-3) Paragraph (a-5) of this Section shall not apply to | 18 | | window treatment, including but not limited to a window | 19 | | application, nonreflective material, or tinted film applied or | 20 | | affixed to a motor vehicle which bears medical carrier license | 21 | | plates if the owner of the motor vehicle has obtained a | 22 | | certificate from the Department of Human Services stating that | 23 | | the vehicle is authorized to be equipped with window treatment. | 24 | | This certificate must be carried in the motor vehicle at all | 25 | | times and the operator of the motor vehicle shall display this | 26 | | certificate to a law enforcement officer upon request. The |
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| 1 | | Department of Human Services shall adopt rules to implement | 2 | | this subsection. | 3 | | (g-5) (Blank). | 4 | | (g-7) Installers shall only install window treatment | 5 | | authorized by subsection (g) on motor vehicles for which | 6 | | distinctive plates or license plate stickers have been issued | 7 | | pursuant to subsection (k) of Section 3-412 of this Code. The | 8 | | distinctive license plates or plate sticker must be on the | 9 | | motor vehicle at the time of window treatment installation. | 10 | | (h) Paragraph (a) of this Section shall not apply to motor | 11 | | vehicle
stickers or other certificates issued by State or local | 12 | | authorities which
are required to be displayed upon motor | 13 | | vehicle windows to evidence
compliance with requirements | 14 | | concerning motor vehicles.
| 15 | | (i) (Blank).
| 16 | | (j) A person found guilty of violating paragraphs (a), | 17 | | (a-5), (a-10), (b), (b-5), or (g-7) of this
Section shall be | 18 | | guilty of a petty offense and fined no less than $50 nor more
| 19 | | than $500. A second or subsequent violation of paragraphs (a), | 20 | | (a-5), (a-10), (b), (b-5), or (g-7) of
this Section shall be | 21 | | treated as a Class C misdemeanor and the violator fined
no less | 22 | | than $100 nor more than $500. Any person convicted under | 23 | | paragraphs
(a), (a-5), (b), or (b-5) of this Section shall be | 24 | | ordered to alter any
nonconforming windows into compliance with | 25 | | this Section.
| 26 | | (k) Nothing in this
Section shall create a cause of action |
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| 1 | | on behalf of a buyer against a
vehicle dealer or manufacturer | 2 | | who sells a motor vehicle with a window which is in
violation | 3 | | of this Section. | 4 | | (l) The Secretary of State shall provide a notice of the | 5 | | requirements of this Section to a new resident applying for | 6 | | vehicle registration in this State pursuant to Section 3-801 of | 7 | | this Code. The Secretary of State may comply with this | 8 | | subsection by posting the requirements of this Section on the | 9 | | Secretary of State's website. | 10 | | (Source: P.A. 95-202, eff. 8-16-07; 96-530, eff. 1-1-10; | 11 | | 96-815, eff. 10-30-09; 96-1000, eff. 7-2-10; 96-1056, eff. | 12 | | 7-14-10.)".
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