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92_SB1624sam001 LRB9214720DHmgam 1 AMENDMENT TO SENATE BILL 1624 2 AMENDMENT NO. . Amend Senate Bill 1624 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Vehicle Code is amended by 5 changing Section 12-503 as follows: 6 (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503) 7 Sec. 12-503. Windshields must be unobstructed and 8 equipped with wipers. 9 (a) No person shall drive a motor vehicle with any sign, 10 poster, window application, reflective material, 11 nonreflective material or tinted film upon the front 12 windshield, sidewings or side windows immediately adjacent to 13 each side of the driver. A nonreflective tinted film may be 14 used along the uppermost portion of the windshield if such 15 material does not extend more than 6 inches down from the top 16 of the windshield. Nothing in this Section shall create a 17 cause of action on behalf of a buyer against a dealer or 18 manufacturer who sells a motor vehicle with a window which is 19 in violation of this Section. 20 (b) Nothing contained in this Section shall prohibit the 21 use of nonreflective, smoked or tinted glass, nonreflective 22 film, perforated window screen or other decorative window -2- LRB9214720DHmgam 1 application on windows to the rear of the driver's seat, 2 except that any motor vehicle with a window to the rear of 3 the driver's seat treated in this manner shall be equipped 4 with a side mirror on each side of the motor vehicle which 5 are in conformance with Section 12-502. 6 (c) No person shall drive a motor vehicle with any 7 objects placed or suspended between the driver and the front 8 windshield, rear window, side wings or side windows 9 immediately adjacent to each side of the driver which 10 materially obstructs the driver's view. 11 (d) Every motor vehicle, except motorcycles, shall be 12 equipped with a device, controlled by the driver, for 13 cleaning rain, snow, moisture or other obstructions from the 14 windshield; and no person shall drive a motor vehicle with 15 snow, ice, moisture or other material on any of the windows 16 or mirrors, which materially obstructs the driver's clear 17 view of the highway. 18 (e) No person shall drive a motor vehicle when the 19 windshield, side or rear windows are in such defective 20 condition or repair as to materially impair the driver's view 21 to the front, side or rear. A vehicle equipped with a side 22 mirror on each side of the vehicle which are in conformance 23 with Section 12-502 will be deemed to be in compliance in the 24 event the rear window of the vehicle is materially obscured. 25 (f) Paragraphs (a) and (b) of this Section shall not 26 apply to: 27 (1) motor vehicles manufactured prior to January 1, 28 1982; or 29 (2) to those motor vehicles properly registered in 30 another jurisdiction. 31 (g) Paragraph (a) of this Section shall not apply to any 32 motor vehicle with a window treatment, including but not 33 limited to a window application, reflective material, 34 nonreflective material, or tinted film, applied or affixed to -3- LRB9214720DHmgam 1 the motor vehicle for the purposes set forth in item (1) or 2 (2) before the effective date of this amendatory Act of 1997 3 and: 4 (1) that is owned and operated by a person 5 afflicted with or suffering from a medical illness, 6 ailment, or disease which would require that person to be 7 shielded from the direct rays of the sun; or 8 (2) that is used in transporting a person when the 9 person resides at the same address as the registered 10 owner of the vehicle and the person is afflicted with or 11 suffering from a medical illness, ailment or disease 12 which would require the person to be shielded from the 13 direct rays of the sun; 14 It must be certified by a physician licensed to 15 practice medicine in Illinois that such person owning and 16 operating or being transported in a motor vehicle is 17 afflicted with or suffers from such illness, ailment, or 18 disease and such certification must be carried in the 19 motor vehicle at all times. The certification shall be 20 legible and shall contain the date of issuance, the name, 21 address and signature of the attending physician, and the 22 name, address, and medical condition of the person 23 requiring exemption. The information on the certificate 24 for a window treatment applied or affixed before the 25 effective date of this amendatory Act of 1997 must remain 26 current and shall be renewed annually by the attending 27 physician, but in no event shall a certificate issued for 28 purposes of this subsection be valid on or after January 29 1, 2008. The person shall also submit a copy of the 30 certification to the Secretary of State. The Secretary of 31 State shallmayforward notice of certification to 32 appropriate law enforcement agencies. 33 This subsection shall not be construed to authorize 34 window treatments applied or affixed on or after the -4- LRB9214720DHmgam 1 effective date of this amendatory Act of 1997. 2 The exemption provided by this subsection (g) shall not 3 apply to any motor vehicle on and after January 1, 2008. 4 (g-5) Paragraph (a) of this Section shall not apply to 5 any motor vehicle with a window treatment, including but not 6 limited to a window application, reflective material, 7 nonreflective material, or tinted film, applied or affixed to 8 the motor vehicle for the purposes set forth in item (1) or 9 (2) as follows: 10 (1) that is owned and operated by a person 11 afflicted with or suffering from lupus erythematosus; or 12 (2) that is used in transporting a person when the 13 person resides at the same address as the registered 14 owner of the vehicle and the person is afflicted with or 15 suffering from lupus erythematosus. 16 It must be certified by a physician licensed to practice 17 medicine in Illinois that the person owning and operating or 18 being transported in a motor vehicle is afflicted with or 19 suffers from lupus erythematosus and that certification must 20 be carried in the motor vehicle at all times. The 21 certification shall be legible and shall contain the date of 22 issuance, the name, address, and signature of the attending 23 physician, and the name, address, and medical condition of 24 the person requiring exemption. The information on the 25 certificate for a window treatment must remain current and 26 shall be renewed annually by the attending physician. The 27 person shall also submit a copy of the certification to the 28 Secretary of State. The Secretary of State shall forward 29 notice of certification to appropriate law enforcement 30 agencies. 31 (h) Paragraph (a) of this Section shall not apply to 32 motor vehicle stickers or other certificates issued by State 33 or local authorities which are required to be displayed upon 34 motor vehicle windows to evidence compliance with -5- LRB9214720DHmgam 1 requirements concerning motor vehicles. 2 (i) Those motor vehicles exempted under paragraph (f)(1) 3 of this Section shall not cause their windows to be treated 4 as described in paragraph (a) after January 1, 1993. 5 (j) A person found guilty of violating paragraphs (a), 6 (b), or (i) of this Section shall be guilty of a petty 7 offense and fined no less than $50 nor more than $500. A 8 second or subsequent violation of paragraphs (a), (b), or (i) 9 of this Section shall be treated as a Class C misdemeanor and 10 the violator fined no less than $100 nor more than $500. Any 11 person convicted under paragraphs (a), (b), or (i) of this 12 Section shall be ordered to alter any nonconforming windows 13 into compliance with this Section. 14 (Source: P.A. 90-389, eff. 1-1-98.) 15 Section 99. Effective date. This Act takes effect upon 16 becoming law.".