LEGISLATIVE ALERT

WASHINGTON

SENATE BILL 5581

To:  Washington Manufacturers, Distributors, and Installers

From:  Lynwood Butner, Legislative Consultant

Date:  June 1, 2009

Subject:  Senate Bill 5581

 Senate Bill 5581, relating to sunscreening devices, has passed        the Washington Legislature and was signed by the Governor on April 20,      2009.

This legislation is an extremely important initiative for the industry              and consumers within the state as the previous statutory provisions    resulted in confusion by law enforcement, installers, and customers.        The new law, which will go into effect on July 26, 2009, will clarify the         statutory provisions and define in a very clear and concise manner              the legal limits in Washington. 

The law is a net law (total sunscreening or coloring material applied             to the window that includes both the material applied by the manu-        facturer and any after-market film).  The new standards allow for               35%, or less, total reflectance and 24% or more visible light trans-      mittance.  The law also prohibits more than one sheet of sun-           screening material from being applied to any window.  The front       windshield allows the AS-I portion to be tinted but may not exceed                 6 inches from the top.

Exceptions are clearly defined and include hearses, collector              vehicles, limousines, and passenger buses used to transport              persons for compensation.  The legislation also includes exemptions             for ambulances, rescue squad vehicles, and other emergency             medical vehicles licensed under state law.  Provisions are clarified               for vehicles defined by the manufacturer as a truck, motor home, or           multipurpose vehicle based on the definition contained in 49 CFR        Section 571.3 which allows sunscreening to the rear of the driver               that is less than twenty-four percent light transmittance. 

This legislation was the result of initiatives by the State Highway              Patrol who recognized the need to clarify the statutory provisions.            They worked with industry representatives in a very proactive              manner as well as bringing in all stakeholders to develop one of the              most effective state laws in the nation.  The Highway Patrol should              be commended for their leadership and support of establishing a       reasonable film law that can be easily enforced and clearly             understood by the business and consumer communities.  Senators      Delvin, Marr, and Shin as well as Representatives Driscoll, Shea,        Johnson, and Ormsby also should be commended for their leader-            ship and support of this legislation for the State Patrol. 

The new provisions will be provided in an updated State Law Chart          after the law becomes effective. 

It is now critical for all members to support the new law and             comply fully with all aspects of the sunscreening provisions.             The process used in Washington should be emulated nationally as               a model for bringing all stakeholders together and developing laws              that are clear and concise and that protect our enforcement com-          munity as well as provide the many benefits of sunscreening to our customers.