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Illinois Window Tinting Law

Help change it.
Filed under:  Law
 
Comment(s): 314
 
 

HB3325 IS NOW LAW! Public Act 096-0815, effective 10/30/2009

35% Front/35% Rear or 50% Front/30% Rear

UNDER 30% ON ANY REAR WINDOW MAKES IT ILLEGAL TO TINT IN FRONT (unless vehicle is classified "MPV" and has privacy glass - 50% Front)

UPDATE: 5-5-10. NBC5 aired a report on the "Tinted Windows" issue in Chicago on 5-5-10.

UPDATE: 11-24-9. We continue to hear of stories that folks are still getting tint tickets (including a few close friends). The word from Andrea at the Illinois Capitol Office is that as long as you have legal tint under the current law contained in HB 3325, you should contest the ticket.

Make sure you have a copy of the law: Public Act 096-0815, which can be found at ILGA.

The Illinois Capitol Office has had several calls from people in Cook County who are getting tickets for tints. People are still having issues with the fact that officers and judges do not know or do not want to acknowledge that P.A. 096-0815 is law effective 10/30/09. All you can do is maintaining your innocence by pleading "Not guilty" pursuant to IL Public Act 096-0815 (as long as your vehicle is equipped legally under P.A. 096-0815).

UPDATE: 10-30-9. We just got an update from Andrea at the Illinois Capitol Office. HB 3325 successfully passed the amendatory veto in the House and Senate. This bill becomes law effective immediately.

NOW LEGAL tint combinations.
1. Up to 35% in the Rear/up to 35% front
2. 35-30% in the rear/up to 50% front
3. IF YOU HAVE BELOW 30% TINT IN THE REAR, YOU CAN NOT HAVE FRONT TINT If you have an MPV, which include but are not limited to, SUVs, Station Wagons, minivans, Toasters, etc., and said MPV has factory installed privacy glass (smoked), you are allowed to have up to 50% tint in front.

Thank you.
Special thanks to Representative Bassi, Representative Murphy, and Dave Krause (he has the Facebook page on HB 3325), and was the person who approached Representative Suzanne Bassi with the idea/language of the bill.


UPDATE: 9-28-9. We just got an update from Andrea at the Illinois Capitol Office. A Veto Session begins Oct 14th, 15th, and 16th, as well as the 28th, 29th 30th. The bill will be voted on again at that time.

UPDATE: 8-26-9. We just got an update from Andrea at the Illinois Capitol Office on the Amendatory Veto message from the Governor, and it reads...

Recommends: deleting language providing that "on multipurpose passenger vehicles... a nonreflective tinted film originally applied by the manufacturer, that allows at least 50% light transmittance, with a 5% variance observed by any law enforcement official metering the light transmittance, may be used on the side windows immediately adjacent to each side of the driver"; and inserting language providing that "on multipurpose passenger vehicles... with a nonreflective tint originally applied by the manufacturer on the windows to the rear of the driver’s seat, the side windows immediately adjacent to each side of the driver may be treated with a nonreflective tint that allows at least 50% light transmittance, with a 5% variance observed by a law enforcement official metering the light transmittance".

UPDATE: 8-26-9. We spoke with the Governor's Office this morning and we are told that The Governor signed the bill which included a mandatory veto (which means that there were a few technical changes) it then goes for Senate approval, they have a veto session scheduled for October.

UPDATE: 8-25-9. We spoke with the Governor's Office and a decision will be made today by 5pm. We will post new info as soon as it is available. Rumor has it that the Illinois State Police has filed an objection to a paragraph in the bill, threatening to make this whole process start from the beginning, but we were told that there is no "official" record of this.

UPDATE: 7-28-9. Andrea at the Illinois Capitol Office answers a very good question from one of our readers.

Question: I emailed my alderman's office, and they said that even if Illinois passes a law allowing tint, the Chicago Municipal Code will supercede that law. So tint will still be illegal with a $250 ticket in Chicago until the Municipal Code is changed (at least according to my alderman's office)."

Answer: NO that is not true. The Illinois Vehicle Code (Chapter 11 specifically) allows Chicago to adopt ordinances in regards to the movement of vehicles and rules of the road. However, tinting is not a moving ordinance but an equipment ordinance (Chapter 12 of the Illinois Vehicle Code) thus Chicago is not exempt from the law. This information came from the Illinois State Police.

UPDATE: 7-16-9. Andrea at the Illinois Capitol Office answers a very good question from one of our readers.

Question.
"How can Suzanne Bassi sponser two different bills, with two completely different results. The bill we want is HB3325, but she also sponsored HB4327 which does the exact OPPOSITE of what 3325 does. How can she do this?"

Answer.
Waiting on our legal department for the correct terminology of the bills. So this might be pre-mature, and unfortunately lengthy. Here is my understanding of the bill(s) This gets tricky because when you look up this bill, the original language is not necessarily the language that will become law, because there have been amendments (new language) put forth which deletes the original language. (Does that make sense?) So reading the bills and the admendments that have been passed, these two bills do two separate things.

HB 4327 does not impact HB 3325; however, it expands the legal responsibility to include the professionals who illegally alter or tint windows. Under HB 4327, they can be charged with the same offense as those who drive illegally altered or tinted windows.

HB 3325 as amended deals specifically with the tinting levels on a vehicle. It states that a person may drive a motor vehicle with a nonreflective material tinted film that does not allow less than 50% light transmittance (or less than 35% light transmittance if the windows to the rear of the driver already have certain window treatment applied) upon the side windows immediately adjacent to each side of the driver. Deletes a front windshield exemption for persons afflicted with or suffering from a medical illness, ailment, or disease. Deletes an exemption to certain window obstruction provisions for motor vehicles manufactured prior to January 1, 1982. Provides that is a petty offense and a Class C misdemeanor for a second offense for an installer to install window treatment on motor vehicles that do not have specified license plates or stickers.

As you see....these bill are different and do not effect one another.

UPDATE: 7-12-9. Another update from Andrea at the Illinois Capitol Office. She tells us that The Governor has the bill and they are awaiting his signature or veto. He has until August 25th to take action on the bill.

UPDATE: 5-31-9. Another update from Andrea at the Illinois Capitol Office. She tells us that the billed passed again. Speaker Madigan now has 30 days to send it to the Governor, and then the Governor has 60 days to sign or veto the bill.

UPDATE: 5-22-9. Another update from Andrea at the Illinois Capitol Office. She tells us that the 96th General Assembly has passed Bill HB3325 and helps us understand the next steps and timeline.

Since the senate changed some language of the initial bill, it must first go back to the House for approval.

Here is the language that changed (it is called an amendment):

"Replaces everything after the enacting clause. Amends the Illinois Vehicle Code to provide that a person may drive a motor vehicle with a nonreflective material tinted film that does not allow less than 50% light transmittance (or less than 35% light transmittance if the windows to the rear of the driver already have certain window treatment applied) upon the side windows immediately adjacent to each side of the driver. Deletes a front windshield exemption for persons afflicted with or suffering from a medical illness, ailment, or disease. Deletes an exemption to certain window obstruction provisions for motor vehicles manufactured prior to January 1, 1982. Provides that is a petty offense for a first offense and a Class C misdemeanor for a second offense for an installer to install window treatment on motor vehicles that do not have specified license plates or stickers. Effective immediately."

A concurrence is a simple vote, usually without debate. I do not foresee any problems with the passage of the amendment (new language of the bill).

Even to make this whole process more complicated... once a bill is passed by both houses, the Speaker of the House (Michael Madigan) has 30 days to send it to the Governor.

Once it hits the Governors Desk, he has 60 days to sign or veto (which veto means he opposes the bill-and if a bill is veto'd the House and Senate have to vote on the bill again-it has to pass this time with a super-majority) the bill.

So even if there aren't any roadblocks getting the amendment passed, there is still a possibility that we are almost 90 days before the bill becomes law.

Representative Suzanne Bassi is very pleased that this bill has passed thus far, because previous attempts failed. She is still working the bill and urging for its expedient passage and signature by the Governor.

UPDATE: 5-21-9. We just spoke with Andrea at the Illinois Capitol Office. She tells us that the 96th General Assembly has passed Bill HB3325. It replaces everything after the enacting clause. Amends the Illinois Vehicle Code to provide that a person may drive a motor vehicle with a nonreflective material tinted film that does not allow less than 50% light transmittance upon the side windows immediately adjacent to each side of the driver. FINALLY!!!! It now goes to the Governor for his signature or veto. (print a copy and keep it in your car).

UPDATE: 5-11-9. We just spoke with Andrea at the Illinois Capitol Office. This is what she said...
The bill is still on second reading in the Senate, which means it still has to be read a 2nd time (for the record), then on the 3rd reading it will be voted on. They have until May 31st to pass the bill. No worries, plenty of time for this bill to be heard and passed. The legislature in “in Session” lots of days in May, which again, I will stress that there is plenty of time for this bill to pass.

UPDATE: 4-30-9. We just spoke with Andrea at the Illinois Capitol Office. She tells us that the bill passed in the House 117 to 0 and then went to the Senate, were it passed again 6 to 0. It now goes back to the Senate for a "second reading" and is expected to pass. We can all thank Representative Suzanne "Suzie" Bassi, who introduced this bill.

UPDATE: 4-29-9. "Looks like the senate hearing went well yesterday. HB3325 picked up an alternate co sponsor, Sen. John M. Sullivan. I'm not sure where this bill is headed to next, but it looks like it's gaining momentum!

UPDATE: 4-23-9. Looks like the bill was assigned to a Transportation team, who will regroup on the 28th.

UPDATE: 4-11-9. House Bill 3325 was passed last week that would allow tint on the front windows. Either 50/30 or 35% all around or the current none/any. The senate reconvenes on April 21st. Call your representatives to make sure this bill is passed.


On Monday, January 15th, 2007, I sent an email to the Illinois Secretary Of State requesting information on the window tinting law.


window tint detail

Window tint excert form the "Rules of the Road, Chapter 11: Equipment for Safe Driving" portion of Cyber Drive Illinois. (article).

On Tuesday, January 16th, 2007 I got the following...

Here is the statute on tinted windows (625 ILCS 5/12-503). Under no circumstances does the law currently allow you to tint the front and front seat side windows.

Sec. 12-503. Windshields must be unobstructed and equipped with wipers.

(a) No person shall drive a motor vehicle with any sign, poster, window application, reflective material, nonreflective material or tinted film upon the front windshield, sidewings or side windows immediately adjacent to each side of the driver. A nonreflective tinted film may be used along the uppermost portion of the windshield if such material does not extend more than 6 inches down from the top of the windshield. Nothing in this Section shall create a cause of action on behalf of a buyer against a dealer or manufacturer who sells a motor vehicle with a window which is in violation of this Section.

(b) Nothing contained in this Section shall prohibit the use of nonreflective, smoked or tinted glass, nonreflective film, perforated window screen or other decorative window application on windows to the rear of the driver's seat, except that any motor vehicle with a window to the rear of the driver's seat treated in this manner shall be equipped with a side mirror on each side of the motor vehicle which are in conformance with Section 12-502.

(c) No person shall drive a motor vehicle with any objects placed or suspended between the driver and the front windshield, rear window, side wings or side windows immediately adjacent to each side of the driver which materially obstructs the driver's view.

(d) Every motor vehicle, except motorcycles, shall be equipped with a device, controlled by the driver, for cleaning rain, snow, moisture or other obstructions from the windshield; and no person shall drive a motor vehicle with snow, ice, moisture or other material on any of the windows or mirrors, which materially obstructs the driver's clear view of the highway.

(e) No person shall drive a motor vehicle when the windshield, side or rear windows are in such defective condition or repair as to materially impair the driver's view to the front, side or rear. A vehicle equipped with a side mirror on each side of the vehicle which are in conformance with Section 12?502 will be deemed to be in compliance in the event the rear window of the vehicle is materially obscured.

(f) Paragraphs (a) and (b) of this Section shall not apply to:

(1) motor vehicles manufactured prior to January 1, 1982; or
(2) to those motor vehicles properly registered in another jurisdiction.

(g) Paragraph (a) of this Section shall not apply to any motor vehicle with a window treatment, including but not limited to a window application, reflective material, nonreflective material, or tinted film, applied or affixed to the motor vehicle for the purposes set forth in item (1) or (2) before the effective date of this amendatory Act of 1997 and:

(1) that is owned and operated by a person afflicted with or suffering from a medical illness, ailment, or disease which would require that person to be shielded from the direct rays of the sun; or

(2) that is used in transporting a person when the person resides at the same address as the registered owner of the vehicle and the person is afflicted with or suffering from a medical illness, ailment or disease which would require the person to be shielded from the direct rays of the sun;

It must be certified by a physician licensed to practice medicine in Illinois that such person owning and operating or being transported in a motor vehicle is afflicted with or suffers from such illness, ailment, or disease and such certification must be carried in the motor vehicle at all times. The certification shall be legible and shall contain the date of issuance, the name, address and signature of the attending physician, and the name, address, and medical condition of the person requiring exemption. The information on the certificate for a window treatment applied or affixed before the effective date of this amendatory Act of 1997 must remain current and shall be renewed annually by the attending physician, but in no event shall a certificate issued for purposes of this subsection be valid on or after January 1, 2008. The person shall also submit a copy of the certification to the Secretary of State. The Secretary of State may forward notice of certification to law enforcement agencies.

This subsection shall not be construed to authorize window treatments applied or affixed on or after the effective date of this amendatory Act of 1997.

The exemption provided by this subsection (g) shall not apply to any motor vehicle on and after January 1, 2008.

(h) Paragraph (a) of this Section shall not apply to motor vehicle stickers or other certificates issued by State or local authorities which are required to be displayed upon motor vehicle windows to evidence compliance with requirements concerning motor vehicles.

(i) Those motor vehicles exempted under paragraph (f)(1) of this Section shall not cause their windows to be treated as described in paragraph (a) after January 1, 1993.

(j) A person found guilty of violating paragraphs (a), (b), or (i) of this Section shall be guilty of a petty offense and fined no less than $50 nor more than $500. A second or subsequent violation of paragraphs (a), (b), or (i) of this Section shall be treated as a Class C misdemeanor and the violator fined no less than $100 nor more than $500. Any person convicted under paragraphs (a), (b), or (i) of this Section shall be ordered to alter any nonconforming windows into compliance with this Section.

(source: P.A. 90-389, eff. 1-1-98.)


UPDATE:
Illinois HB 4329: Sponsor: Representative Thomas Holbrook (D): Summary: HB 4329 provides that the exemption from the prohibition against window treatment, allowed to persons with a medical condition that requires the person to be shielded from the direct rays of the sun, applies to window treatments applied or affixed before January 1, 2008 (rather than before January 1, 1998). It provides that the medical certification for a window treatment applied or affixed before January 1, 2008 (rather than before January 1, 1998) must be kept current and must be renewed annually by the certifying physician. It provides that the exemption remains in effect until January 1, 2014 (rather than until January 1, 2008). Referred to Rules Committee.


Call your representative and senator. Senator Link, 847.735.8181

To find your representative, go to www.elections.state.il.us and type your adress.

Tell them you are in favor of House Bill #4329, which allows for a medical exemption and you are ALSO in favor of a law that would allow 35% window tint on driver and passenger doors.

Mention that Missouri allows 35%, Wisconsin allows 50% and Indiana allows 30%. Also, there are only five other states that do not allow window tint on the driver and passenger doors.

The benefits of window tinting are:
1) Block 99.9% of harmful UV rays.
2) Reduces glare from sun and headlights for greater driving safety.
3) Helps protect from shattered glass fragments in case of accident or break-in.

These are just a few, but feel free to give your own reasons.

LINKS
Illinois House Bill #4329   Window tint medical exemption.
State Window Tinting Laws   States I through M.
Window Tint Laws   
Illinois Window Tint Law   
Facebook   Group
Tough Times for Tint   NBC report
 
 
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