THE SENATE	S.B. NO.	1140
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to motor vehicle sun screening devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that while vehicle window tinting regulations are necessary for law enforcement officer and driver safety, there is also an unmet need from individuals who are suffering from skin cancer. Exposure to the sun on a constant basis may cause existing skin cancers to accelerate and new skin cancers to develop. Therefore, the legislature believes that it is necessary to allow for darker window tinting for those drivers requiring an additional protection from the sun due to a diagnosis of skin cancer.

Accordingly, the purpose of this Act is to exempt from motor vehicle tinting restrictions motor vehicle owners who have a diagnosis of skin cancer.

SECTION 2. Section 291-21.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) This section shall not apply to:

(1) Rearview mirrors;

(2) Adjustable nontransparent sun visors [which] that are mounted forward of the side windows and are not attached to the glazing material;

(3) Signs, stickers, or other materials [which] that are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other materials [which] that are displayed in a five-inch square in the lower corner of the windshield nearest the driver;

(4) Rear trunk lid handle or hinges;

(5) Window wipers and window wiper motors;

(6) Transparent sun screening film materials [which] that are installed, affixed, or applied along the top edge of the windshield so long as [such] the materials do not encroach upon the AS-1 portion of the windshield as provided by Federal Motor Vehicle Safety Standard 205 or no lower than four inches below the top of the windshield, when measured from the middle point of the bottom edge of the top windshield [moulding] molding if no AS-1 markings can be found in the left or right upper margin of the windshield;

(7) Sun screening devices for front side wing vents and windows [which,] that, when used in conjunction with the glazing material have a light transmittance of no less than thirty-five per cent plus or minus six per cent;

(8) Sun screening devices for side windows necessary for driving visibility [which] that are to the rear of the driver and for rear windows necessary for driving visibility [which,] that, when used in conjunction with the glazing material, have a light transmittance of no less than thirty-five per cent plus or minus six per cent;

(9) Side windows [which] that are to the rear of the driver and rear windows on vans, minivans, trucks, or buses; provided that the vehicles are equipped with rearview mirrors on both sides;

(10) Privacy drapes, curtains, or blinds, or any combination, installed on the interior of motor homes; [or]

(11) Transparent sun screening materials, when applied to the AS-1 portion of the windshield, [which] that meets the requirements of Federal Motor Vehicle Safety Standard 205[.]; or

(12) For motor vehicles owned by persons having any type of skin cancer, as evidenced by documentation from a dermatologist licensed to practice in the State, any sun screening devices that, when used in conjunction with the glazing material, have a light transmittance of any percentage."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Motor Vehicles; Safety; Equipment; Sun Screening Devices; Window Tinting; Skin Cancer; Exemptions

Description:

Exempts from restrictions on light transmittance percentages of certain motor vehicle sun screening devices persons having skin cancer.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.