LEGISLATIVE ALERT

TO:  Manufacturers, Distributors and North Carolina Dealers     

FROM:  Darrell Smith, Executive Director of the IWFA   

DATE:  April 2, 2007

SUBJECT:  North Carolina House Bill 965 and Senate Bill 1217

The IWFA is tracking legislation in the North Carolina General Assembly           that is potentially damaging to the window film industry.  This legislation           makes three major changes to the window tinting laws and would create        major enforcement problems in the state.  House Bill 965, sponsored by Representative Alexander of Charlotte, and its Senate companion Senate               Bill 1217, sponsored by Senator Goodall of Mecklenburg, would eliminate         the exemption for MPVs, add a label requirement, and make the retail                  sale of dark window film a misdemeanor.

The elimination of a rear window exemption for SUVs and pick-up trucks     would create a difficult enforcement problem for inspection stations and       police.  Many SUVs and trucks are delivered from the factory with             “privacy glass,” which generally meters in the 18% VLT range.  The        elimination of the MPV exemption could potentially make those vehicles          illegal upon delivery.  Additionally, it is nearly impossible for an officer to determine, without documentation, proof that a window in an SUV was     delivered with privacy glass or has after market film installed.

The requirement of a label is not a major threat to the industry; however,               it is an additional burden on the installer and could potentially ruin the           window film itself.  The addition of this requirement also creates two             classes of window film installation, providing an additional burden for the professional installer but not the vehicle owner that installs the film himself.

Finally, the criminalization of the sale of potentially illegal window film is  particularly troubling.  This portion of the bill would add the same penalty              to the retail sale of film that could be used to darken vehicle windows          beyond the legal limit as is given to the installation of illegal film.  There are      some films that may cause certain windows to be illegal but not others.             Also, film can be sold for commercial and historical preservation uses.              The sale of these dark films under this law would be illegal as well. 

The IWFA will continue to follow the progress of these two pieces of    legislation.  We urge you to contact your legislator in writing or by phone             to explain the benefits of window tinting and how this House Bill 965 and             Senate Bill 1271 could cripple your business and the industry.  Encourage        them to vote no on these two measures.