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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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House File 287 - Introduced




                                 HOUSE FILE       
                                 BY  COMMITTEE ON JUDICIARY

                                 (SUCCESSOR TO HSB 53)

                                      A BILL FOR

  1 An Act relating to counterfeit, nonfunctional, or unsafe air
  2    bags, providing penalties, and including effective date
  3    provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 321.1, Code 2015, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  01A.  "Air bag" or "airbag" means a motor
  1  4 vehicle inflatable occupant restraint system that operates
  1  5 in the event of a crash and is designed in accordance with
  1  6 federal motor vehicle safety standards for the specific make,
  1  7 model, and year of the motor vehicle in which it is or will be
  1  8 installed. "Air bag" includes all component parts to a motor
  1  9 vehicle inflatable occupant restraint system, including but not
  1 10 limited to the cover, sensors, controllers, inflators, wiring,
  1 11 and seat belt systems.
  1 12    Sec. 2.  Section 321.71A, Code 2015, is amended by striking
  1 13 the section and inserting in lieu thereof the following:
  1 14    321.71A  Counterfeit, nonfunctional, and unsafe air bags.
  1 15    1.  As used in this section:
  1 16    a.  "Counterfeit air bag" means an air bag displaying a mark
  1 17 identical or similar to the genuine mark of a motor vehicle
  1 18 manufacturer without authorization from the manufacturer.
  1 19    b.  "Nonfunctional air bag" means an air bag that was
  1 20 previously deployed or damaged, or has an electric fault that
  1 21 is detected by a motor vehicle's air bag diagnostic system
  1 22 after the air bag is installed in the motor vehicle.
  1 23    2.  A person who manufactures, imports, installs,
  1 24 reinstalls, sells, or offers to sell any device with the intent
  1 25 that the device replace an air bag in a motor vehicle, and who
  1 26 knows that the device is a counterfeit air bag, nonfunctional
  1 27 air bag, or air bag that does not comply with federal safety
  1 28 requirements as provided in 49 C.F.R. {571.208, is guilty of an
  1 29 aggravated misdemeanor.
  1 30    3.  A person who manufactures, imports, installs,
  1 31 reinstalls, sells, offers to sell, or tampers with any device
  1 32 that causes a motor vehicle's diagnostic system to inaccurately
  1 33 indicate that the motor vehicle is equipped with a functional
  1 34 air bag when a counterfeit or nonfunctional air bag is
  1 35 installed, or when no air bag is installed, with the intent
  2  1 to mislead the owner or operator of the motor vehicle into
  2  2 believing that the motor vehicle is equipped with a functional
  2  3 air bag, is guilty of an aggravated misdemeanor.
  2  4    4.  A violation of this section is an unlawful practice under
  2  5 section 714.16.
  2  6    Sec. 3.  Section 714H.3, subsection 2, Code 2015, is amended
  2  7 by adding the following new paragraph:
  2  8    NEW PARAGRAPH.  g.  Section 321.71A.
  2  9    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2 10 immediate importance, takes effect upon enactment.
  2 11                           EXPLANATION
  2 12 The inclusion of this explanation does not constitute agreement with
  2 13 the explanation's substance by the members of the general assembly.
  2 14    This bill provides that a person who manufactures, imports,
  2 15 installs, or sells any device with the intent that the device
  2 16 replace an air bag in a motor vehicle, and who knows that the
  2 17 device is a counterfeit, nonfunctional, or unsafe air bag, is
  2 18 guilty of an aggravated misdemeanor.
  2 19    The bill also provides that a person who manufactures,
  2 20 imports, installs, tampers with, or sells any device that
  2 21 causes a motor vehicle's diagnostic system to inaccurately
  2 22 indicate that the motor vehicle is equipped with a functional
  2 23 air bag when a counterfeit or nonfunctional air bag is
  2 24 installed, or when no air bag is installed, with the intent
  2 25 to mislead the owner or operator of the motor vehicle into
  2 26 believing that the motor vehicle is equipped with a functional
  2 27 air bag, is guilty of an aggravated misdemeanor.
  2 28    An aggravated misdemeanor is punishable by up to two years in
  2 29 prison and up to a $6,250 fine.
  2 30    The bill defines "air bag", "counterfeit air bag", and
  2 31 "nonfunctional air bag". In addition, the bill provides that
  2 32 an air bag is unsafe when it does not comply with federal
  2 33 safety requirements as provided in the code of federal
  2 34 regulations. The bill also provides that the acts prohibited
  2 35 by the bill are unlawful acts of consumer fraud.
  3  1 The bill takes effect upon enactment.
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