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:

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

Ø   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-

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.