Existing law generally prohibits any person from driving any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the drivers clear view through the windshield or side windows. Under existing law, clear, colorless, and transparent material is allowed to be installed on the front side windows if the material meets certain standards and the driver has in his or her possession, or within the vehicle, a certificate certifying that the windows with the material installed meet those standards.

This bill would exempt from that prohibition the application of a clear, colorless, and transparent film material that meets specified standards to the windshield, side, or rear windows of a motor vehicle if the driver has in his or her possession, or within the vehicle, a certificate signed by a dermatologist certifying that the person should be not exposed to ultraviolet rays, as specified.

Existing law generally prohibits any person from driving any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the drivers clear view through the windshield or side windows. Under existing law, clear, colorless, and transparent material is allowed to be installed on the front side windows if the material meets certain standards and the driver has in his or her possession, or within the vehicle, a certificate certifying that the windows with the material installed meet those standards.

This bill would exempt from that prohibition the application of a clear, colorless, and transparent film material that meets specified standards to the windshield, side, or rear windows of a motor vehicle if the driver has in his or her possession, or within the vehicle, a certificate signed by a dermatologist certifying that the person should be not exposed to ultraviolet rays, as specified.

This bill would exempt from that prohibition the application of a clear, colorless, and transparent film material that screens ultraviolet rays and allows light transmittal, as specified, meets specified standards to the windshield, side, or rear windows of a motor vehicle if the driver or passenger in the front seat possess a letter or other document has in his or her possession, or within the vehicle, a certificate signed by a dermatologist certifying that the person should be not exposed to ultraviolet rays, as specified.

Existing law prohibits a person from placing, installing, affixing, or applying any transparent material upon the windshield, or side or rear windows, of any motor vehicle if the material alters the color, or reduces the light transmittance, of the windshield or side or rear windows, except as provided.

This bill would exempt from that prohibition the application of a clear, colorless, and transparent film material that screens ultraviolet rays and allows light transmittal, as specified, to the windshield, side, or rear windows of a vehicle if the driver or passenger in the front seat possess a letter or other document signed by a dermatologist certifying that the person should be not exposed to ultraviolet rays, as specified.

Existing law prohibits a person from placing, installing, affixing, or applying any transparent material upon the windshield, or side or rear windows, of any motor vehicle if the material alters the color, or reduces the light transmittance, of the windshield or side or rear windows, except as provided.

This bill would exempt from that prohibition the application of a transparent film material that screens ultraviolet rays and allows light transmittal, as specified, to the windshield, side, or rear windows of a vehicle if the driver or passenger in the front seat possess a letter or other document signed by a dermatologist certifying that the person should be not exposed to ultraviolet rays, as specified.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1303

Author:(McCarty)

As Amended Ver:July 6, 2017

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Authorizes a clear, colorless, and transparent material to be installed, affixed, or applied to the windshield, side, or rear windows of a motor vehicle, if the material has a minimum visible light transmittance of 88%, meets specified Federal Motor Vehicle Safety Standards (FMVSS), is designed and manufactured to enhance the ability of existing window glass to block the sun's harmful ultraviolet (UV) rays, the material is removed or replaced if damaged, and the driver of the motor vehicle has in his or her possession a certificate signed by a licensed dermatologist certifying that the person should not be exposed to UV rays because of a medical condition, as specified.

The Senate amendments recast the largely similar provisions of the Assembly version of this bill authorizing the installation of UV screening material into a section of existing law, and make additional clarifying changes.

EXISTING LAW:

1. Prohibits a person from placing, installing, affixing, or applying any transparent material upon the windshield or side or rear windows of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side windows, with specific exceptions, including the following:
   1. Sun screening devices installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a document signed by a licensed physician or optometrist certifying that the person must be shaded from the sun due to a medical or visual condition;
   2. Transparent material installed, affixed, or applied to the topmost portion of the windshield if the bottom edge of the material is at least 29 inches above the driver's seat, as specified, the material is not red or amber in color, there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield, and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles; or,
   3. Clear, colorless, and transparent material installed, affixed, or applied to the front side windows located to the immediate left and right of the front seat if the material has a minimum visible light transmittance of 88%, the window glazing with the material applied meets all applicable FMVSS, the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays, and the driver has in his or her possession a certificate signed by the installing company or material manufacturer certifying that the windows with the material installed meets applicable requirements.
2. Authorizes tinted safety glass to be installed in a vehicle if the glass complies with applicable FMVSS and the glass is installed in a location permitted by those standards for the particular type of glass used.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: Certain medical conditions can cause sensitivity to UV light. Lupus, which afflicts 1.5 million people in the United States, is one such disease, as is xeroderma pigmentosum, a rare genetic disorder diagnosed in 300 people in the United States. People suffering from xeroderma pigmentosum must cover their entire bodies from the sun to prevent UV light exposure, which can cause frequent malignant cancerous growths, blindness, and neurological diseases.

As the author notes, while existing law makes some exceptions for window tinting on medical grounds, existing exemptions do not offer sufficient protection for people suffering from diseases that cause severe UV sensitivity.

This bill would allow a person to install window tinting to block UV rays with a lower light transmittance rating than currently allowed on a vehicle with a signed note from a dermatologist. The bill also preserves the minimum light transmittance rating established by FMVSS.

Analysis Prepared by: Justin Behrens / TRANS. / (916) 319-2093 FN: 0001364

 THIRD READING  

Bill No: AB 1303

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 13-0, 6/6/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener

ASSEMBLY FLOOR: 75-0, 4/20/17 - See last page for vote

SUBJECT:

SOURCE: Xeroderma Pigmentosum Family Support Group

DIGEST:

This bill authorizes installment of specified tinting material on a vehicle’s windshield and windows if the driver or a passenger has documentation from a dermatologist regarding the need for protection against ultraviolet rays.

Senate Floor Amendments of 7/6/17 move the language from the code section governing sun screening devices on windows and windshields, to the code section governing material that may obstruct of reduce a driver’s view, in order to facilitate enforcement.

ANALYSIS:

Existing law:

1. Prohibits operation of a motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or the side or rear windows, or in a way that obstructs or reduces the driver’s clear view through the windshield or side windows, with the following exceptions:
   1. Sun screening devices may be installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a document or letter signed by a licensed physician and surgeon, or optometrist, certifying that the individual must be shaded from sun due to a medical or visual condition.
   2. Transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the bottom edge is at least 29 inches above the driver’s seat, as specified; the material is not red or amber in color; there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield; and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles.
   3. Clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows on either side of the front seat if the material has a minimum visible light transmittance of 88%; the window glazing with the material applied meets all requirements of the Federal Motor Vehicle Safety Standards (FMVSS); the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays; and the driver has in his or her possession a certificate from the installing company certifying the windows with material installed meet applicable requirements.
2. Prohibits installment, affixation, or application of any transparent material upon the windshield or windows of a vehicle if the material alters the color or reduces the light transmittance of the windshield or windows, except as provided above.
3. Authorizes installment of tinted safety glass in a vehicle if the glass complies with FMVSS requirements for safety glazing materials and the glass is installed in a location permitted by those standards for the particular type of glass used.
4. Exempts from these provisions a vehicle owned and operated by a federal, state, or local law enforcement agency.

This bill authorizes installment of clear, colorless, and transparent film material that screens ultraviolet rays by 88% or more and that maintains at least a 70% light transmittance on a windshield or windows if the driver has in his or her possession a letter or document from a licensed dermatologist certifying that the individual should not be exposed to ultraviolet rays due to a medical condition.

Comments

1. Purpose. The author states that while existing law allows certain sun screening devices to be installed in a vehicle, these devices do not provide sufficient protection for an individual with ultraviolet light sensitivity. There are a variety of conditions that can cause ultraviolet light sensitivity, from lupus to eczema. In the US, more than 1.5 million people are diagnosed with lupus and approximately 300 people have been diagnosed with a severe ultraviolet light sensitivity condition called Xeroderma Pigmentosum (XP). XP is a rare genetic disease that without proper treatment can cause skin cancer, blindness, and progressive neurological disease. XP patients must cover every inch of their skin to avoid ultraviolet light, hampering daily activities such as leaving the house to drive to school or work. This bill will provide a medical exemption for transparent, anti-ultraviolet window tinting for individuals with severe light sensitivity, with approval from a licensed dermatologist.
2. No conflict with federal standards. The FMVSS requirements are federal regulations that specify design, construction, performance, and durability requirements for motor vehicles and regulated automobile safety components, systems, and design features. The FMVSS allow tinting of windshields and side windows provided that light transmission is not restricted to less than 70% of normal. This bill complies with that requirement.
3. Concerns. The California Society of Dermatology and Dermatologic Surgery (CalDerm) has taken a “support if amended” position on this bill. CalDerm seeks amendments to exclude the need for a dermatologist to certify a medical condition and to expand existing law to allow all individuals to be able to tint their windows. The author states that it is appropriate to retain the requirement for dermatologist certification.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/10/17)

Xeroderma Pigmentosum Family Support Group (source)

OPPOSITION: (Verified 7/10/17)

None received

ARGUMENTS IN SUPPORT: The Xeroderma Pigmentosum Family Support Group states that patients with XP must be fully covered in a vehicle unless UV protective film can be applied to the car. This bill will update existing law to include products with technology that will block out 99.5% of UV light coming through window glass, while not altering light transmittance or safety coloring standards.

ASSEMBLY FLOOR: 75-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Cunningham, Jones-Sawyer, Mathis, Ridley-Thomas

Prepared by:

7/10/17 11:19:38

**** END ****

 THIRD READING 

Bill No: AB 1303

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 13-0, 6/6/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener

ASSEMBLY FLOOR: 75-0, 4/20/17 - See last page for vote

SUBJECT:

SOURCE: Xeroderma Pigmentosum Family Support Group

DIGEST:

This bill authorizes installment of specified tinting material on a vehicle’s windshield and windows if the driver or a passenger has documentation from a dermatologist regarding the need for protection against ultraviolet rays.

ANALYSIS:

Existing law:

1. Prohibits operation of a motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or the side or rear windows, or in a way that obstructs or reduces the driver’s clear view through the windshield or side windows, with the following exceptions:
   1. Sun screening devices may be installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a document or letter signed by a licensed physician and surgeon, or optometrist, certifying that the individual must be shaded from sun due to a medical or visual condition.
   2. Transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the bottom edge is at least 29 inches above the driver’s seat, as specified; the material is not red or amber in color; there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield; and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles.
   3. Clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows on either side of the front seat if the material has a minimum visible light transmittance of 88%; the window glazing with the material applied meets all requirements of the Federal Motor Vehicle Safety Standards (FMVSS); the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays; and the driver has in his or her possession a certificate from the installing company certifying the windows with material installed meet applicable requirements.
2. Prohibits installment, affixation, or application of any transparent material upon the windshield or windows of a vehicle if the material alters the color or reduces the light transmittance of the windshield or windows, except as provided above.
3. Authorizes installment of tinted safety glass in a vehicle if the glass complies with FMVSS requirements for safety glazing materials and the glass is installed in a location permitted by those standards for the particular type of glass used.
4. Exempts from these provisions a vehicle owned and operated by a federal, state, or local law enforcement agency.

This bill authorizes installment of clear, colorless, and transparent film material that screens ultraviolet rays by 99% or more and that maintains at least a 70% light transmittance on a windshield or windows if the driver or front seat passenger has in his or her possession a letter or document from a licensed dermatologist certifying that the individual should not be exposed to ultraviolet rays due to a medical condition.

Comments

1. Purpose. The author states that while existing law allows certain sun screening devices to be installed in a vehicle, these devices do not provide sufficient protection for an individual with ultraviolet light sensitivity. There are a variety of conditions that can cause ultraviolet light sensitivity, from lupus to eczema. In the US, more than 1.5 million people are diagnosed with lupus and approximately 300 people have been diagnosed with a severe ultraviolet light sensitivity condition called Xeroderma Pigmentosum (XP). XP is a rare genetic disease that without proper treatment can cause skin cancer, blindness, and progressive neurological disease. XP patients must cover every inch of their skin to avoid ultraviolet light, hampering daily activities such as leaving the house to drive to school or work. This bill will provide a medical exemption for transparent, anti-ultraviolet window tinting for individuals with severe light sensitivity, with approval from a licensed dermatologist.
2. No conflict with federal standards. The FMVSS requirements are federal regulations that specify design, construction, performance, and durability requirements for motor vehicles and regulated automobile safety components, systems, and design features. The FMVSS allow tinting of windshields and side windows provided that light transmission is not restricted to less than 70% of normal. This bill complies with that requirement.
3. Concerns. The California Society of Dermatology and Dermatologic Surgery (CalDerm) has taken a “support if amended” position on this bill. CalDerm seeks amendments to exclude the need for a dermatologist to certify a medical condition and to expand existing law to allow all individuals to be able to tint their windows. The author states that it is appropriate to retain the requirement for dermatologist certification.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/6/17)

Xeroderma Pigmentosum Family Support Group (source)

OPPOSITION: (Verified 6/6/17)

None received

ARGUMENTS IN SUPPORT: The Xeroderma Pigmentosum Family Support Group states that patients with XP must be fully covered in a vehicle unless UV protective film can be applied to the car. This bill will update existing law to include products with technology that will block out 99.5% of UV light coming through window glass, while not altering light transmittance or safety coloring standards.

ASSEMBLY FLOOR: 75-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Cunningham, Jones-Sawyer, Mathis, Ridley-Thomas

Prepared by:

6/9/17 10:06:11

**** END ****

 CONSENT  

Bill No: AB 1303

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 13-0, 6/6/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Morrell, Roth, Skinner, Wieckowski, Wiener

ASSEMBLY FLOOR: 75-0, 4/20/17 - See last page for vote

SUBJECT:

SOURCE: Xeroderma Pigmentosum Family Support Group

DIGEST:

This bill authorizes installment of specified tinting material on a vehicle’s windshield and windows if the driver or a passenger has documentation from a dermatologist regarding the need for protection against ultraviolet rays.

ANALYSIS:

Existing law:

1. Prohibits operation of a motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or the side or rear windows, or in a way that obstructs or reduces the driver’s clear view through the windshield or side windows, with the following exceptions:
   1. Sun screening devices may be installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a document or letter signed by a licensed physician and surgeon, or optometrist, certifying that the individual must be shaded from sun due to a medical or visual condition.
   2. Transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the bottom edge is at least 29 inches above the driver’s seat, as specified; the material is not red or amber in color; there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield; and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles.
   3. Clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows on either side of the front seat if the material has a minimum visible light transmittance of 88%; the window glazing with the material applied meets all requirements of the Federal Motor Vehicle Safety Standards (FMVSS); the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays; and the driver has in his or her possession a certificate from the installing company certifying the windows with material installed meet applicable requirements.
2. Prohibits installment, affixation, or application of any transparent material upon the windshield or windows of a vehicle if the material alters the color or reduces the light transmittance of the windshield or windows, except as provided above.
3. Authorizes installment of tinted safety glass in a vehicle if the glass complies with FMVSS requirements for safety glazing materials and the glass is installed in a location permitted by those standards for the particular type of glass used.
4. Exempts from these provisions a vehicle owned and operated by a federal, state, or local law enforcement agency.

This bill authorizes installment of clear, colorless, and transparent film material that screens ultraviolet rays by 99% or more and that maintains at least a 70% light transmittance on a windshield or windows if the driver or front seat passenger has in his or her possession a letter or document from a licensed dermatologist certifying that the individual should not be exposed to ultraviolet rays due to a medical condition.

Comments

1. Purpose. The author states that while existing law allows certain sun screening devices to be installed in a vehicle, these devices do not provide sufficient protection for an individual with ultraviolet light sensitivity. There are a variety of conditions that can cause ultraviolet light sensitivity, from lupus to eczema. In the US, more than 1.5 million people are diagnosed with lupus and approximately 300 people have been diagnosed with a severe ultraviolet light sensitivity condition called Xeroderma Pigmentosum (XP). XP is a rare genetic disease that without proper treatment can cause skin cancer, blindness, and progressive neurological disease. XP patients must cover every inch of their skin to avoid ultraviolet light, hampering daily activities such as leaving the house to drive to school or work. This bill will provide a medical exemption for transparent, anti-ultraviolet window tinting for individuals with severe light sensitivity, with approval from a licensed dermatologist.
2. No conflict with federal standards. The FMVSS requirements are federal regulations that specify design, construction, performance, and durability requirements for motor vehicles and regulated automobile safety components, systems, and design features. The FMVSS allow tinting of windshields and side windows provided that light transmission is not restricted to less than 70% of normal. This bill complies with that requirement.
3. Concerns. The California Society of Dermatology and Dermatologic Surgery (CalDerm) has taken a “support if amended” position on this bill. CalDerm seeks amendments to exclude the need for a dermatologist to certify a medical condition and to expand existing law to allow all individuals to be able to tint their windows. The author states that it is appropriate to retain the requirement for dermatologist certification.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/6/17)

Xeroderma Pigmentosum Family Support Group (source)

OPPOSITION: (Verified 6/6/17)

None received

ARGUMENTS IN SUPPORT: The Xeroderma Pigmentosum Family Support Group states that patients with XP must be fully covered in a vehicle unless UV protective film can be applied to the car. This bill will update existing law to include products with technology that will block out 99.5% of UV light coming through window glass, while not altering light transmittance or safety coloring standards.

ASSEMBLY FLOOR: 75-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Cunningham, Jones-Sawyer, Mathis, Ridley-Thomas

Prepared by:

6/7/17 13:39:10

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 1303 Hearing Date: 6/6/2017

SUBJECT: Vehicles: window tinting

DIGEST: This bill authorizes installment of specified tinting material on a vehicle’s windshield and windows if the driver or a passenger has documentation from a dermatologist regarding the need for protection against ultraviolet rays.

ANALYSIS:

Existing law:

1. Prohibits operation of a motor vehicle with any object or material placed, displayed, installed, affixed, or applied upon the windshield or the side or rear windows, or in a way that obstructs or reduces the driver’s clear view through the windshield or side windows, with the following exceptions:
   1. Sun screening devices may be installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a document or letter signed by a licensed physician and surgeon, or optometrist, certifying that the individual must be shaded from sun due to a medical or visual condition.
   2. Transparent material may be installed, affixed, or applied to the topmost portion of the windshield if the bottom edge is at least 29 inches above the driver’s seat, as specified; the material is not red or amber in color; there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield; and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles.
   3. Clear, colorless, and transparent material may be installed, affixed, or applied to the front side windows on either side of the front seat if the material has a minimum visible light transmittance of 88%; the window glazing with the material applied meets all requirements of the Federal Motor Vehicle Safety Standards (FMVSS); the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays; and the driver has in his or her possession a certificate from the installing company certifying the windows with material installed meet applicable requirements.
2. Prohibits installment, affixation, or application of any transparent material upon the windshield or windows of a vehicle if the material alters the color or reduces the light transmittance of the windshield or windows, except as provided above.
3. Authorizes installment of tinted safety glass in a vehicle if the glass complies with FMVSS requirements for safety glazing materials and the glass is installed in a location permitted by those standards for the particular type of glass used.
4. Exempts from these provisions a vehicle owned and operated by a federal, state, or local law enforcement agency.

This bill authorizes installment of clear, colorless, and transparent film material that screens ultraviolet rays by 99% or more and that maintains at least a 70% light transmittance on a windshield or windows if the driver or front seat passenger has in his or her possession a letter or document from a licensed dermatologist certifying that the individual should not be exposed to ultraviolet rays due to a medical condition.

COMMENTS:

1. Purpose. The author states that while existing law allows certain sun screening devices to be installed in a vehicle, these devices do not provide sufficient protection for an individual with ultraviolet light sensitivity. There are a variety of conditions that can cause ultraviolet light sensitivity, from lupus to eczema. In the US, more than 1.5 million people are diagnosed with lupus and approximately 300 people have been diagnosed with a severe ultraviolet light sensitivity condition called Xeroderma Pigmentosum (XP). XP is a rare genetic disease that without proper treatment can cause skin cancer, blindness, and progressive neurological disease. XP patients must cover every inch of their skin to avoid ultraviolet light, hampering daily activities such as leaving the house to drive to school or work. This bill will provide a medical exemption for transparent, anti-ultraviolet window tinting for individuals with severe light sensitivity, with approval from a licensed dermatologist.
2. No conflict with federal standards. The FMVSS requirements are federal regulations that specify design, construction, performance, and durability requirements for motor vehicles and regulated automobile safety components, systems, and design features. The FMVSS allow tinting of windshields and side windows provided that light transmission is not restricted to less than 70% of normal. This bill complies with that requirement.
3. Concerns. The California Society of Dermatology and Dermatologic Surgery (CalDerm) has taken a “support if amended” position on this bill. CalDerm seeks amendments to exclude the need for a dermatologist to certify a medical condition and to expand existing law to allow all individuals to be able to tint their windows. The author states that it is appropriate to retain the requirement for dermatologist certification.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

May 31, 2017.)

SUPPORT:

Xeroderma Pigmentosum Family Support Group (sponsor)

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1303

Author:(McCarty)

As Amended Ver:April 5, 2017

Majority vote

SUMMARY: Authorizes a person to install clear, colorless, transparent film material that screens ultraviolet (UV) rays by 99% or more and that maintains at least a 70% light transmittance to the windshield, side, or rear windows if the driver or passenger in the front seat has in his or her possession a document signed by a licensed dermatologist certifying that the person should not be exposed to UV rays because of a medical condition.

EXISTING LAW:

1. Prohibits a person from placing, installing, affixing, or applying any transparent material upon the windshield or side or rear windows of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side windows, with specific exceptions, including the following:
   1. Sun screening devices installed on the side windows on either side of the vehicle's front seat, if the driver or a passenger in the front seat has in his or her possession a document signed by a licensed physician or optometrist certifying that the person must be shaded from the sun due to a medical or visual condition;
   2. Transparent material installed, affixed, or applied to the topmost portion of the windshield if the bottom edge of the material is at least 29 inches above the driver's seat, as specified, the material is not red or amber in color, there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield, and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles; or,
   3. Clear, colorless, and transparent material installed, affixed, or applied to the front side windows located to the immediate left and right of the front seat if the material has a minimum visible light transmittance of 88%, the window glazing with the material applied meets all applicable Federal Motor Vehicle Safety Standards (FMVSS), the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays, and the driver has in his or her possession a certificate signed by the installing company or material manufacturer certifying that the windows with the material installed meets applicable requirements.
2. Authorizes tinted safety glass to be installed in a vehicle if the glass complies with applicable FMVSS and the glass is installed in a location permitted by those standards for the particular type of glass used.

FISCAL EFFECT: None

COMMENTS: Certain medical conditions can cause sensitivity to UV light. Lupus, which afflicts 1.5 million people in the United States, is one such disease, as is xeroderma pigmentosum, a rare genetic disorder diagnosed in 300 people in the United States. People suffering from xeroderma pigmentosum must cover their entire bodies from the sun to prevent UV light exposure, which can cause frequent malignant cancerous growths, blindness, and neurological diseases.

As the author notes, while existing law makes some exceptions for window tinting on medical grounds, existing exemptions do not offer sufficient protection for people suffering from diseases that cause severe UV sensitivity.

This bill would allow a person to install window tinting to block UV rays with a lower light transmittance rating than currently allowed on a vehicle with a signed note from a dermatologist. The bill also preserves the minimum light transmittance rating established by FMVSS.

Analysis Prepared by: Justin Behrens / TRANS. / (916)-319-2093 FN: 0000076

Date of Hearing: April 3, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1303 (

Author:McCarty) – As Introduced Ver:April 5, 2017

SUBJECT: Vehicles: window tinting

SUMMARY: Authorizes a person to install clear, colorless, transparent film material that screens ultraviolet (UV) rays by 99% or more and that maintains at least a 70% light transmittance to the windshield, side, or rear windows if the driver or passenger in the front seat has in his or her possession a document signed by a licensed dermatologist certifying that the person should not be exposed to UV rays because of a medical condition.

EXISTING LAW:

1. Prohibits a person from placing, installing, affixing, or applying any transparent material upon the windshield or side or rear windows of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side windows, with specific exceptions, including the following:
   1. Sun screening devices installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a document signed by a licensed physician or optometrist certifying that the person must be shaded from the sun due to a medical or visual condition;
   2. Transparent material installed, affixed, or applied to the topmost portion of the windshield if the bottom edge of the material is at least 29 inches above the driver’s seat, as specified, the material is not red or amber in color, there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield, and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles; or,
   3. Clear, colorless, and transparent material installed, affixed, or applied to the front side windows located to the immediate left and right of the front seat if the material has a minimum visible light transmittance of 88%, the window glazing with the material applied meets all applicable Federal Motor Vehicle Safety Standards (FMVSS), the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays, and the driver has in his or her possession a certificate signed by the installing company or material manufacturer certifying that the windows with the material installed meets applicable requirements.
2. Authorizes tinted safety glass to be installed in a vehicle if the glass complies with applicable FMVSS and the glass is installed in a location permitted by those standards for the particular type of glass used.

FISCAL EFFECT: None

COMMENTS: Certain medical conditions can cause sensitivity to UV light. Lupus, which afflicts 1.5 million people in the United States, is one such disease, as is xeroderma pigmentosum, a rare genetic disorder diagnosed in 300 people in the United States. People suffering from xeroderma pigmentosum must cover their entire bodies from the sun to prevent UV light exposure, which can cause frequent malignant cancerous growths, blindness, and neurological diseases.

As the author notes, while existing law makes some exceptions for window tinting on medical grounds, existing exemptions do not offer sufficient protection for people suffering from diseases that cause severe UV sensitivity.

This bill would allow a person to install window tinting to block UV rays with a lower light transmittance rating than currently allowed on a vehicle with a signed note from a dermatologist. The bill also preserves the minimum light transmittance rating established by FMVSS.

Proposed amendment: In order to conform with other exemptions to restrictions on window tinting, the author proposes to amend the bill to provide that the film material applied must be “Clear, colorless, and transparent.”

REGISTERED SUPPORT / OPPOSITION:

Support

XP Family Support Group

Opposition

None on file

Analysis Prepared by: Justin Behrens / TRANS. /

Date of Hearing: April 3, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1303 (

Author:McCarty) – As Introduced Ver:February 17, 2017

SUBJECT: Vehicles: window tinting

SUMMARY: Authorizes a person to install transparent film material that screens ultraviolet (UV) rays by 99% or more and that maintains at least a 70% light transmittance to the windshield, side, or rear windows if the driver or passenger in the front seat has in his or her possession a document signed by a licensed dermatologist certifying that the person should not be exposed to UV rays because of a medical condition.

EXISTING LAW:

1. Prohibits a person from placing, installing, affixing, or applying any transparent material upon the windshield or side or rear windows of any motor vehicle if the material alters the color or reduces the light transmittance of the windshield or side windows, with specific exceptions, including the following:
   1. Sun screening devices installed on the side windows on either side of the vehicle’s front seat, if the driver or a passenger in the front seat has in his or her possession a document signed by a licensed physician or optometrist certifying that the person must be shaded from the sun due to a medical or visual condition;
   2. Transparent material installed, affixed, or applied to the topmost portion of the windshield if the bottom edge of the material is at least 29 inches above the driver’s seat, as specified, the material is not red or amber in color, there is no opaque lettering on the material and any other lettering does not affect primary colors or distort vision through the windshield, and the material does not reflect sunlight or headlight glare into the eyes of occupants of oncoming or following vehicles; or,
   3. Clear, colorless, and transparent material installed, affixed, or applied to the front side windows located to the immediate left and right of the front seat if the material has a minimum visible light transmittance of 88%, the window glazing with the material applied meets all applicable Federal Motor Vehicle Safety Standards (FMVSS), the material is designed and manufactured to enhance the ability of the existing window glass to block ultraviolet rays, and the driver has in his or her possession a certificate signed by the installing company or material manufacturer certifying that the windows with the material installed meets applicable requirements.
2. Authorizes tinted safety glass to be installed in a vehicle if the glass complies with applicable FMVSS and the glass is installed in a location permitted by those standards for the particular type of glass used.

FISCAL EFFECT: None

COMMENTS: Certain medical conditions can cause sensitivity to UV light. Lupus, which afflicts 1.5 million people in the United States, is one such disease, as is xeroderma pigmentosum, a rare genetic disorder diagnosed in 300 people in the United States. People suffering from xeroderma pigmentosum must cover their entire bodies from the sun to prevent UV light exposure, which can cause frequent malignant cancerous growths, blindness, and neurological diseases.

As the author notes, while existing law makes some exceptions for window tinting on medical grounds, existing exemptions do not offer sufficient protection for people suffering from diseases that cause severe UV sensitivity.

This bill would allow a person to install window tinting with a lower light transmittance rating than currently allowed on a vehicle with a signed note from a dermatologist. The bill also preserves the minimum light transmittance rating established by FMVSS.

Proposed amendment: In order to conform with other exemptions to restrictions on window tinting, the author proposes to amend the bill to provide that the film material applied must be “Clear, colorless, and transparent.”

REGISTERED SUPPORT / OPPOSITION:

Support

XP Family Support Group

Opposition

None on file

Analysis Prepared by: Justin Behrens / TRANS. /