House Bill 4327 is companion legislation to the recently adopted House Bill 3325 (Legislative Alert dated November 2, 2009). This legislation amends the Illinois Code to provide penalty provisions for the illegal installation of film products which do not fully conform with the provisions of the standards established in House Bill 3325.

The legislation provides that a first offense is a Class C misdemeanor with a fine between $50 and $500, and a second or subsequent offense is a Class C misdemeanor with a fine between $100 and $500. The language also allows the installer to install window treatment for a person who is legally permitted due to medical reasons; but, prior to installation, the installer must obtain and store a copy of the doctor’s certificate or letter from the person with the medical condition in the installer’s permanent records.

This new law will become effective January 1, 2010 and will be posted on the Secretary of State’s website.

The full text of House Bill 4327 (Public Act 96-0530) can be accessed at the following site:

http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=096-0530

Efforts to revise Illinois law to provide reasonable film standards were extremely successful. The new law provides consumer options to allow for the health and environmental benefits of film products while enhancing the safety of the enforcement community as well as creating jobs for the citizens of the state. It is imperative that all members fully support and comply with all provisions of the new laws and continue the partnership with the enforce- ment community that has made this effort a model for future state initiatives.

LEGISLATIVE ALERT

ILLINOIS

HOUSE BILL 3325

To: Illinois Manufacturers, Distributors, and Installers

From: Darrell Smith Executive Director

Lynwood Butner, Legislative Consultant

Date: November 2, 2009

Subject: House Bill 3325

On October 30, 2009, House Bill 3325 passed the Senate and became law effective immediately. This was the final step in an extremely long and, at times, frustrating process. Previous Alerts (April and August) advised members of the efforts to work with the State Police, legislators, and other important stakeholders to provide demonstrations and develop legislative language with the active involvement of installers, manufacturers, and distributors which resulted in the initial passage of the legislation. The August Alert indicated that an amendment had been offered by the Governor to enhance the legislation which required House Bill 3325 to be returned to the House and Senate for additional action prior to passage. The House approved the legislation on October 15, and final action by the Senate occurred during the morning of October 30.

The new legislation is a significant enhancement to Illinois law and provides options for our customers to receive the benefits of our products and also supports the enforcement community with better-defined laws including appropriate penalty provisions for illegal use. The major changes to the law are as follows:

•  if the consumer chooses to have below 30% vlt on rear windows behind the driver, then no film is allowed on the front side windows.
•  if the consumer has clear factory glass on all windows, then 35% vlt film can be installed on all side and rear windows.
•  if the consumer has factory-installed privacy glass on rear windows, 50% vlt is allowed on front side windows (Ex: SUV, MPV, crossover, etc.)

 There is a statutory 5% variance for all tinted windows.

The IWFA will provide the updated provisions in the State Law Chart in conjunction with this Alert.

It should be noted that the enforcement community will be using the “check cards” as an enforcement tool until more accurate meters are obtained by state and local agencies. These cards are available through IWFA.

It is critical that all film is installed in accordance with the revised standards as the new law is fair and reasonable for the industry, consumer, and enforcement community.

It is also important to note that the success of this process could not have been achieved without the support of the State Police who worked with our members and provided the leadership necessary to implement the new regulations. There were several installers who provided tremendous leadership in the initial development of the proposed legislation by soliciting support of their legislative representatives and, along with other installers, a distributor, and a manufacturer, provided vehicles for the demonstration and support for the legislation throughout the process. The benefits are evident to the entire industry when there is commitment and leadership provided at all levels of the membership to partner with enforcement, legislative, and other stakeholders to enact reasonable film law. This new law represents the best of our industry. Those involved deserve the gratitude of all for a job well done!

The full text for House Bill 3325 can be obtained at the following link:

http://www.ilga.gov/legislation/fulltext.asp?DocName=09600HB3325ham001&GA=96&SessionId=76&DocTypeId=HB&LegID=&DocNum= 3325&GAID=10&Session=

Summary of Illinois Tint Law(effective October 30,2009)

Law before October 30, 2009:

• windshield non-reflective tint can be applied to the top 6" (AS-1 line)
• front side windows no tint can be legally applied
• back side windows any level of darkness is acceptable rear window any level of darkness is acceptable

New law effective October 30, 2009:

•  windshield same as above
•  front side windows, back side windows, rear window-

 Option 1—if the consumer chooses to have below 30% vlt on rear windows behind the driver, then no film is allowed on the front side windows

 Option 2—if the consumer has clear factory glass on all windows, then 35% vlt film can be installed on all side and rear windows

Option 3—if the consumer has factory installed privacy glass on rear windows, 50% vlt is allowed on front side windows (Ex: SUV, MPV, crossover, etc.)

NOTE: There is a statutory 5% variance for all tinted windows.
             The new law is a NET law.

ILLINOIS Tint Law Addendum:
New law effective October 30, 2009:

· Front side windows, back side windows, rear window-

Ø Option 1—If the consumer chooses to have below 30% vlt on rear windows behind the driver, then no film is allowed on the front side windows

Ø Option 2—If the consumer has clear factory glass on all windows, then 35% vlt film can be installed on all side and rear windows

Ø Option 3—If the consumer has factory installed privacy glass on rear windows, 50% vlt is allowed on front side windows (Ex: SUV, MPV, crossover, etc.)



NOTE: There is a statutory 5% variance for all tinted windows.

The new law is a NET law.

International Window Film Association (IWFA)
P.O. Box 3871
Martinsville, VA 24115
Ph: 276-666-4932 Fax: 276-666-4933
E-mail: Information@iwfa.com

 Date in Title is different than date on Page on old site
LEGISLATIVE ALERT

ILLINOIS

HOUSE BILL 3325



To: Illinois Manufacturers, Distributors, and Installers

From: Darrell Smith, Executive Director

Lynwood Butner, Legislative Consultant

Date: September 2, 2009

Subject: House Bill 3325



The April 6, 2009 Legislative Alert advised members of efforts to work with legislators, the enforcement community, and many other stakeholders to secure the passage of legislation for a reasonable film law that would provide the benefits of industry products for the customers, strengthen deterrents for illegal film, and support protection for our enforcement community.

The manufacturers, distributors, and installers partnered with IWFA in an extremely effective manner to achieve the passage of House Bill 3325. The legislation passed the House and Senate and was sent to the Governor for final approval on June 26, 2009. The Governor could sign the bill into law, veto, amend the legislation, or not act on the proposed law for 60 days and allow the legislation to become law. On August 25, 2009 the Governor returned House Bill 3325 to the legislature with an Amendatory Veto in order to recommend specific changes with a technical amendment to the multi- purpose passenger vehicle language. The current language would make factory tint illegal on these vehicles. The Governor has indicated his support of House Bill 3325 with the adoption of his recommended technical amendment.

The Veto Sessions are scheduled for October 14, 15, and 16 as well as October 28, 29, and 30. The consideration of the Governor’s recommended amendment could be scheduled in either Veto Session. If the amendment is successfully adopted, House Bill 3325 will become law upon passage.

Some opposition has been identified, but with the continued bipartisan support of the House and Senate as well as the Highway Patrol and Governor, its passage is certainly encouraging and no additional action is necessary from members.

A final Alert will be prepared and distributed to members at the conclusion of the legislative process.

LEGISLATIVE ALERT

ILLINOIS HOUSE BILL 3325

To: Illinois Manufacturers, Distributors, and Installers

From: Darrell Smith, Executive Director

Date: April 6, 2009

Subject: House Bill 3325

As a result of a major effort from a broad segment of industry members, House Bill 3325 was coordinated with the enforcement community and legislators, developed and drafted, and passed by the House to be considered in the Senate over the next several weeks.

This legislation is a direct result of initiatives by several installers in Illinois who worked with their respective legislators over the past year to consider a revision to Illinois law that would establish standards for front side window f film under clearly defined options for visible light transmittance on the rear windows.

There were several bills introduced during the 2009 session of the Illinois Legislature including House Bill 4327. Representative LaShawn Ford’s legislative proposal establishes a petty offense for installing film in violation of state statutory provisions.

House Bill 3325 was introduced late in the session by Representative Suzanne Bassi and co-patroned by Representative Jil Tracy and Representa- tive Ford. The legislation was developed with the support of the enforcement community after a rigorous assessment of a number of options that provided benefits to the consumer and the tinting businesses of the state as well as addressing safety concerns from enforcement officials.

House Bill 3325 offers several options to the current state regulations which do not allow for tinting to be applied to the front side windows. The new provisions will allow the installer and customers the following options:

The legislation proposes that 50 percent visible light transmittance would be allowable on the front side windows if the rear windows have at least 30 percent.
A second option would be that if there is 35 percent on the rear then the vehicle can have 35 percent on the front side windows.
Should the consumer desire to retain the current dark tint on the rear windows, then no additional tinting will be allowed on the front side windows.
A 5 percent variance will be allowed to accommodate the slight differences in film and the meter allowances that are recommended factory tolerances.
The legislation is still being amended to achieve clarity for enforcement and the industry, but the essential concepts and provisions have passed the House unopposed.

Future Alerts will provide additional specifics, but House Bill 3325 and House Bill 4327 should be strongly supported.