HB 1445-FN - AS INTRODUCED
2016 SESSION
\t16-2359
\t03/09
HOUSE BILL\t1445-FN
AN ACT\trelative to tinted windows on motor vehicles.
SPONSORS:\tRep. Tamburello, Rock. 5; Rep. Baldasaro, Rock. 5; Rep. Burt, Hills. 39; Rep. Hoell, Merr. 23; Rep. Scontsas, Hills. 30; Rep. Duarte, Rock. 2; Sen. Cataldo, Dist 6
COMMITTEE:\tTransportation
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ANALYSIS
\tThis bill allows after market tinting of side windows, subject to an annual fee.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2359
\t03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to tinted windows on motor vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subparagraph; Registration Fees; Tinted Windows. Amend RSA 261:141, VII by inserting after subparagraph (f) the following new subparagraph:
\t\t\t(g) For each window to the left or right of the driver with after market tinting--$5. Such fee shall be for the exclusive use of the department of safety.
\t2 Tinted Glass. Amend RSA 266:32, I to read as follows:
\t\tI. The director is hereby required to approve any lighting device, windshield, window glass, or substitute, or other safety equipment, components, or assemblies of a type for which approval is specifically required within a reasonable time after such approval has been requested. Such approvals may be based upon certificates of approval and test reports furnished to the director by the Automotive Manufacturer’s Equipment Compliance Agency. [The director shall not approve after market tinting on the windshield or on the windows to the left and right of the driver, as prohibited under RSA 266:58-a.]
\t3 Tinted Glass. Amend RSA 266:58-a, I-III-a to read as follows:
\t\tI. It shall be unlawful to sell or inspect any motor vehicle in this state which has after market tinting on the windshield [or on the windows to the left and right of the driver].
\t\tII. It shall be unlawful to install after market tinting on the windshield [or on the windows to the left and right of the driver] on any motor vehicle which is registered in this state.
\t\tIII. It shall be unlawful to drive on any way any motor vehicle registered in this state which has after market tinting on the windshield [or on the windows to the left and right of the driver]. Where after market tinting is applied to windows to the rear of the driver, outside rear view mirrors shall be required on both the left and right side of the vehicle for the use of the driver and a front seat passenger. The light transmittance of after-market tinted windows where they are allowed shall not be less than 35 percent, except that the light transmittance of aftermarket tinted rear windows of multipurpose passenger vehicles, as defined in 49 C.F.R. section 571.3 and pickup trucks may be such percentage as is allowed by 49 C.F.R. section 571.205 with respect to pre-market tinted rear windows.
\t\tIII-a. Persons who require for medical reasons after market tinting on the windshield [or on the windows to the left and right of the driver] may apply for a special permit pursuant to RSA 266:61-a, IX.
\t4 Waiver. Amend RSA 266:61-a, IX to read as follows:
\t\tIX. The commissioner may waive the requirements of RSA 266:58-a and issue a special permit to a person who for bona fide medical reasons requires after market tinting on the windshield [or on the windows to the left and right of the driver] and who applies for such permit. Such waiver shall be granted in accordance with this section and shall only authorize the use of after market tinted windows with a light transmittance of not less than 35 percent. In reviewing the application for a permit under this paragraph, the commissioner may seek the advice and recommendation of a medical review board designated by him for such purpose.
\t5 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2359
\t\t\t\t\t\t\t\t\t\t\t11/5/15
HB 1445-FN- FISCAL NOTE
AN ACT\trelative to tinted windows on motor vehicles.
FISCAL IMPACT:
The Department of Safety states this bill, as introduced, will increase state revenues by an indeterminable amount in FY 2017 and may increase state and local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county revenues or expenditures or local revenues.
METHODOLOGY:
The Department of Safety states this bill would allow for after-market tinting on side windows of motor vehicles, subject to a $5 annual fee that would be for the exclusive use of the Department. This bill also eliminates the authority for the Department to issue a no-charge special use permit to individuals who may need side window tinting for medical reasons, while keeping the special permit in place for windshield tinting. Over the last three years there have been approximately 400 special permits for tinting issued per year, however it is unknown how many were only for side windows and therefore it cannot be determined how many individuals would be subject to the $5 established by this bill rather than be granted a no-charge special permit. Additionally, increased revenue from other individuals choosing to add side window tinting to their motor vehicle and paying the $5 cannot be determined as it is unknown how many will choose to do so under this bill.
The Department states due to system limitations with current Division of Motor Vehicles (DMV) registration software, it is unclear how the glass tinting fee under this bill would be processed. Depending on available system upgrades, glass tinting registrations may only be available at DMV and not issued at municipal agents. Depending on system or software upgrades needed for DMV or municipal agents, there may be an indeterminable increase in state and local expenditures.