AMENDMENT ANALYSIS: Amendments to a bill do not typically result in a substantive change to our rating or analysis, but Senate Bill 1022 was amended to strip out the reference to federal code that was the basis of our analysis and objections. Based on this amendment, our rating for the engrossed version of the bill (S1022E1) has been changed to (0).
Bill Description: Senate Bill 1022, as amended, would remove outdated language from Idaho Code regarding vehicle window tinting.
Bill Description: Senate Bill 1022 would make it illegal to operate or sell a vehicle in Idaho if it has window tinting that violates federal regulations.
Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?
Section 49-944, Idaho Code, regulates vehicle window tinting in Idaho. Part of that law says, "No person shall operate on the public highways, sell, or offer to sell any motor vehicle with a windshield or windows which are not in compliance with the provisions of this section."
Senate Bill 1022 would append to the end of this prohibition, "or 49 CFR 571.1 through 571.500," which is part of the federal regulations covering motor vehicle safety.
Idaho statutes should not require compliance with federal regulations, especially without language to limit such references to the regulations as they existed when they were incorporated into Idaho statutes.
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for nonviolent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
Making it illegal for vehicle owners to "operate on the public highways, sell, or offer to sell any motor vehicle" that has tinting in violation of federal regulations serves to increase regulations and subject Idahoans to prosecution for violating (even unknowingly) unnecessary federal regulations.
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