HB 1535 — Window tint; remove medical exemption and delete population threshold for law enforcement.

HB1535 (COMMITTEE(As SUBSTITUTE)Passed the House) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Massengill, Steverson House Bill 1535 (COMMITTEE(As SUBSTITUTE)Passed the House) AN ACT TO AMEND SECTION 63-7-59, MISSISSIPPI CODE OF 1972, TO REVISE THE LAWS REGARDING WINDOW TINTTINT; TO REMOVE THE MEDICAL EXEMPTION;

     (2)  From and after July 1, 2006, no person shall drive any motor vehicle required to be registered in this state upon the public roads, streets or highways in this state with any window  tinted or darkened, by tinted film or otherwise, unless * * *:unless:            (a)  The windshield of the vehicle has affixed to it a label as provided under subsection (6) of this section certifying that all the windows of the vehicle have a light transmittance of twenty-eight percent (28%) or more;

 or (a)           the(b)  windshieldThe owner or operator of the vehicle has affixeda tocertificate itof amedical labelexemption asissued provided under subsection * * *(6)subsection (5)(4) of this sectionsection. certifying that all the windows of the vehicle have a light transmittance of twenty-eight percent (28%) or more * * *;

or.

 * * *  (b)  The owner or operator of the vehicle has a certificate of medical exemption issued under subsection (4) of this section.

 * * *     (4)  Notwithstanding the provisions of subsection (2) of this section, it shall be lawful for any person who has been diagnosed by a physician licensed to practice medicine in the State of Mississippi as having a physical condition or disease that is seriously aggravated by minimum exposure to sunlight to place or have placed upon the windshield or windows of any motor vehicle which he owns or operates or within which he regularly travels as a passenger tinted film or other darkening material that would otherwise be in violation of this section.  However, any vehicle, in order to be exempt under this subsection (4), shall have prominently displayed on the vehicle dashboard a certificate of medical exemption on a form prepared by the Commissioner of Public Safety and signed by the person on whose behalf the certificate is issued.  The special certificate authorized by this subsection (4) shall be issued free of charge to the applicants through the offices of the tax collectors of the counties.  Each applicant shall present to the issuing official:

           (a)  An affidavit signed personally by the applicant and signed and attested by a physician which states the applicant's physical condition or disease which entitles him to an exemption under this subsection (4);

and            (b)  Proof of ownership of the motor vehicle by the applicant, or a signed affidavit by the owner of a motor vehicle operated for the use of the applicant, for which he is obtaining the certificate.

     ( * * *54) (5)  The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

     ( * * *65) (6)  The Department of Public Safety shall issue labels to official tint inspection stations for affixing to the windshield of every motor vehicle required to be inspected in this state with a window therein which has been tinted or darkened with any tinted film or other darkening material after factory delivery.  The label shall be affixed to the lower left corner of the windshield, shall be legible from outside the vehicle, and shall indicate the label registration number, a certification of compliance with Mississippi law, and such other information as the Commissioner of Public Safety deems appropriate.  The labels shall be of a type which is pressure-sensitive, self-destructive upon removal, and no larger than one (1) inch square in size.  Before affixing the label, the inspection station shall conduct a test to determine that the window complies with the light transmittance requirements prescribed under subsection (2) of this section.  The test shall be conducted using such methods or devices as may be approved and certified not less often than annually by the Department of Public Safety.  For conducting such tests, tint inspection stations shall charge and collect a fee of Five Dollars ($5.00).  Two Dollars ($2.00) of the fee shall be retained by the inspection station, and Three Dollars ($3.00) of the fee shall be remitted to the Department of Public Safety and may be expended, upon legislative appropriation, for the operational expenses of the department.  No fee shall be charged unless a test is actually performed under this subsection * * *(6)subsection (5). (6).  The presence of a label upon the windshield of a motor vehicle shall indicate that the person who affixed the label certifies that the windows of the vehicle meet the restrictions of subsection (2) of this section as to light transmittance.

     ( * * *76)(7)  No person shall install any tinted film, darkening material, glazing material or any other material upon the windshield or any window of a motor vehicle which, after the installation thereof, would result in such vehicle being in violation of subsection (2) of this section.

     ( * * *87) (8)  No label shall be issued for a vehicle on which the windshield or any window of the vehicle has been darkened by the installation of tinted film or by other means, except as authorized under this section.

     ( * * *98) (9)  It shall be unlawful for any person to alter or reproduce any label * * *orlabel or certificate of medical exemption approved by the Commissioner of Public Safety under this section for the purpose of misleading law enforcement officers or motor vehicle inspection stations, or to knowingly use any approved label * * *orlabel or certificate except as authorized by this section.

     ( * * *109) (10)  Any person violating subsection (6),(7), (7) * * *,(8) or (8) * * *or (9) of this section, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or imprisonment in the county jail for not more than three (3) months, or by both such fine and imprisonment.

     ( * * *1110) (11)  Any violation of this section other than a violation of subsection (6),(7), (7) * * *,(8) or (8) * * *or (9) of this section shall be punishable upon conviction as provided in Section 63-7-7.

     ( * * *1211) (12)  Violations of this section shall be enforced * * *enforced * * *only only by law enforcement officers of the Mississippi Department of Public Safety and municipal law enforcement officers * * *officers * * *of of municipalities having a population of two thousand (2,000) or more on the public roads, streets and highways under their jurisdiction.

     ( * * *1312) (13)  The Department of Public Safety shall initiate a public awareness program designed to inform and educate persons of the provisions of this section.  Funds for such public awareness program shall be available through the office of the Governor's representative for highway safety programs.