Bill Text: IA HF287 | 2015-2016 | 86th General Assembly | Enrolled


Bill Title: A bill for an act relating to counterfeit, nonfunctional, or unsafe air bags, providing penalties, and including effective date provisions. Effective 4-24-15.

Spectrum: Committee Bill

Status: (Passed) 2015-04-24 - Signed by Governor. H.J. 923. [HF287 Detail]

Download: Iowa-2015-HF287-Enrolled.html
House File 287 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO HSB 53)
 \5
                                   A BILL FOR
 \1
                                         House File 287

                             AN ACT
 RELATING TO COUNTERFEIT, NONFUNCTIONAL, OR UNSAFE AIR
    BAGS, PROVIDING PENALTIES, AND INCLUDING EFFECTIVE DATE
    PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 321.1, Code 2015, is amended by adding
 the following new subsection:
    NEW SUBSECTION.  01A.  "Air bag" or "airbag" means a motor
 vehicle inflatable occupant restraint system that operates
 in the event of a crash and is designed in accordance with
 federal motor vehicle safety standards for the specific make,
 model, and year of the motor vehicle in which it is or will be
 installed. "Air bag" includes all component parts to a motor
 vehicle inflatable occupant restraint system, including but not
 limited to the cover, sensors, controllers, inflators, wiring,
 and seat belt systems.
    Sec. 2.  Section 321.71A, Code 2015, is amended by striking
 the section and inserting in lieu thereof the following:
    321.71A  Counterfeit, nonfunctional, and unsafe air bags.
    1.  As used in this section:
    a.  "Counterfeit air bag" means an air bag displaying a mark
 identical or similar to the genuine mark of a motor vehicle
 manufacturer without authorization from the manufacturer.
    b.  "Nonfunctional air bag" means an air bag that was
 previously deployed or damaged, or has an electric fault that
 is detected by a motor vehicle's air bag diagnostic system
 after the air bag is installed in the motor vehicle.
    2.  A person who manufactures, imports, installs,
 reinstalls, sells, or offers to sell any device with the intent
 that the device replace an air bag in a motor vehicle, and who
 knows that the device is a counterfeit air bag, nonfunctional
 air bag, or air bag that does not comply with federal safety
 requirements as provided in 49 C.F.R. {571.208, is guilty of an
 aggravated misdemeanor.
    3.  A person who manufactures, imports, installs,
 reinstalls, sells, offers to sell, or tampers with any device
 that causes a motor vehicle's diagnostic system to inaccurately
 indicate that the motor vehicle is equipped with a functional
 air bag when a counterfeit or nonfunctional air bag is
 installed, or when no air bag is installed, with the intent
 to mislead the owner or operator of the motor vehicle into
 believing that the motor vehicle is equipped with a functional
 air bag, is guilty of an aggravated misdemeanor.
    4.  A violation of this section is an unlawful practice under
 section 714.16.
    Sec. 3.  Section 714H.3, subsection 2, Code 2015, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  g.  Section 321.71A.
    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
 immediate importance, takes effect upon enactment.


                                                             
                               KRAIG PAULSEN
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 287, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2015


                                                             
                               TERRY E. BRANSTAD
                               Governor

                             -1-
feedback