A5547

An Act concerning window tinting, amending R.S.39:3-75, and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. As used in this act:

“Covered person” means an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, as defined by section 1 of P.L.1995, c.23 (C.47:1A-1.1), or prosecutor; and any immediate family member residing in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.

“Elected official” means a person holding the office of United States Senator or a member of the United States House of Representatives elected from this State, or the Governor of this State; and

“Immediate family member” means a spouse, child, or parent of, or any other family member related by blood or by law to, a covered person as defined in this subsection.

b. The owner or lessee of a motor vehicle that is driven by or is used to regularly transport a person who is an elected official or covered person as defined in subsection a. of this section may apply to the chief administrator for permission to have the windshield and windows of that vehicle covered with a tinted material or film which shall permit only the minimum light transmittance as required by federal law.

c. The application shall be in a form and manner prescribed by the chief administrator and shall include, but not be limited to, a written certification attesting that the applicant is eligible to obtain the tinted material or film by virtue of the applicant’s position as an elected official or covered person. Each applicant shall submit to the chief administrator a copy of the applicant’s government issued identification as proof of eligibility pursuant to this section or any other proof of eligibility as determined by the chief administrator.

d. The chief administrator shall issue to every elected official or covered person approved pursuant to this section a card authorizing tinted material or film on the windshield or window pursuant to subsection b. of this section, which shall be valid for a period of not more than 48 months and shall be exhibited to any law enforcement officer upon the officer’s request.

e. The chief administrator, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act.

f. An elected official or covered person who violates the provisions of subsection d. of the section by failing to display a card shall be subject to a $100 fine; provided, however, if a government official or elected official charged with this a violation can exhibit a card which was valid on the day the official was charged to the judge of the municipal court before whom official is summoned to answer the charge, the judge may dismiss the charge. The judge, however, may impose court costs.

2. R.S.39:3-75 is amended to read as follows:

39:3-75. [The term “safety] As used in this section:

“Approved safety glazing material” means safety glazing material of a type approved by the chief administrator.

“Safety glass” [shall be construed as meaning] means glass [so] treated or combined with other materials as to reduce, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by glass when the glass is cracked or broken.

[The term “safety glazing material” shall be construed as meaning “safety glass” ; or other glazing materials, such as plastics, produced for the purpose of safety in glazing ;, or a combination of safety glass and other safety glazing material. The term “approved safety glazing material” shall be construed as meaning safety glazing material of a type approved by the director.]

In the approving of safety glazing materials, the [director] chief administrator is [hereby given authority] authorized to make use of recognized standards to confine the use of certain types of safety glazing materials to a specific location in or on the vehicle, or to a certain purpose.

[No] A person shall not drive any motor vehicle manufactured on or after [July first, nineteen hundred and thirty-five] July 1, 1935 and registered in this State unless [such] the vehicle is equipped with approved safety glazing material wherever glazing is used in doors, windows and windshields. The term “windshield” shall [be construed to] include wings, deflectors and side shields; also front corner lights adjoining windshields.

Every section of safety glazing material shall be legibly and permanently marked with the [manufacturers’] manufacturer’s distinctive designations, under which the safety glazing material was approved, so as to be visible when installed.

[No] A person shall not drive any motor vehicle equipped with safety glazing material which causes undue or unsafe distortion of visibility or equipped with unduly fractured, discolored or deteriorated safety glazing material, and the [director] chief administrator may revoke the registration of any such vehicle.

This paragraph shall not apply to tinting materials or film permitted on motor vehicle windows pursuant to R.S.39:3-74, P.L.1999, c.308 (C.39:3-75.1 et seq.), and section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill.

(cf: P.L.1949, c.258, s.1)

3. This act shall take effect immediately.

STATEMENT

This bill allows certain elected officials and covered persons to have tinted windows on their motor vehicles.

The bill defines “elected official” as a person holding the office of United States Senator or member of the United States House of Representatives elected from this State, or the Governor of this State. A “covered person” is defined as an active, formerly active, or retired judicial officer, law enforcement officer, or child protective investigator in the Division of Child Protection and Permanency, or prosecutor, and any immediate family member residing in the same household as the judicial officer, law enforcement officer, child protective investigator in the Division of Child Protection and Permanency, or prosecutor.

Under the bill, the owner or lessee of a motor vehicle that is driven by or is used to regularly transport a person who is an elected or covered person may apply to the chief administrator for permission to have the windshield and windows of that vehicle covered with a tinted material or film. The application is to include a written certification attesting that the applicant is eligible to obtain the tinted material or film by virtue of the applicant’s position as a government or elected official. Each applicant is required to submit to the chief administrator a copy of the applicant’s government issued identification as proof of eligibility or any other proof of eligibility as determined by the chief administrator.

The bill requires the chief administrator to issue to every government official or covered person a card authorizing tinted material or film on the windshield pursuant to the provisions of the bill, which card would be valid for four years. The elected official or covered person would be required to exhibit the card to any law enforcement officer upon the officer’s request. An elected official or covered person who fails to display the card would be subject to a $100 fine. However, the judge may dismiss the charge if the elected or government official can prove that the card was valid on the date on which the violation occurred.