LEGISLATIVE ALERT

To:         Louisiana Manufacturers, Distributors and Installers

From:     IWFA Office

Date:     April 19, 2006

Subject:  Senate Bill 359

The 2006 Regular Session of the Louisiana Legislature is considering        proposed legislation introduced by Senator Ken Hollis, Jefferson Parrish               (Chairman of the Commerce Committee), that would amend Section         32:361.1 of the Code to increase the penalties for violations of window           tinting laws.

The current law assesses fines of not more than $500 for a first offense,       not more than $1000 for a second offense, and not more than $1500 for a            third and subsequent offense.  The proposed changes increase the              fines to $1500 for the first offense, $3000 for a second offense,               and prohibits the conducting of any business specified in present        law for a third or subsequent offense.  These changes would apply to any        seller, installer, manufacturer, or distributor of a sun-screening device who   violates the provisions of law. 

This proposed legislation would not change the current provisions of law     regarding visible light transmission, reflectivity, exemptions, or other          provisions of  the law. The legislation has currently been assigned to the      Judiciary “C” Committee for consideration.

This Committee has the following members:

     Senator Joel T. Chaisson, II (Chairman)

      Senator Lydia P. Jackson (Vice-Chairman)

      Senator Sharon Weston Broome

      Senator Ann Duplessis

      Senator Michael J. "Mike" Michot

      Senator Willie L. Mount

      Senator John T. "Tom" Schedler

The Legislative Consultant has contacted Senator Hollis’s office and           advised that the industry supports reasonable and aggressive penalties for        illegal film installation.  The purpose of this legislation was to address a     perception that after-market film was not being enforced and that illegal             film was becoming a serious problem in the state.  Senator Hollis was          advised that the level of increase contained in the proposed language                might actually result in fewer convictions and enforcement actions being      reduced due to the severity of the fines.  An alternative was offered which      would involve the IWFA working with members to address this issue         without   legislation to see if the problem can be addressed and delay any              legislative remedy until our industry can make an effort to address the        problem.  This option is under consideration and additional discussions              will be held with the Senator’s office.  It is strongly suggested that all          installers comply with existing laws as failure to do so may result in            legislative remedies that would not be in the best interest of the industry.