House Study Bill 53 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to counterfeit, nonfunctional, or unsafe air 1 bags, providing penalties, and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1641YC (2) 86 ns/nh

H.F. _____ Section 1. Section 321.71A, Code 2015, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 321.71A Counterfeit, nonfunctional, and unsafe air bags. 4 1. As used in this section: 5 a. “Air bag” means a motor vehicle inflatable occupant 6 restraint system that operates in the event of a crash and 7 is designed in accordance with federal motor vehicle safety 8 standards for the specific make, model, and year of the 9 motor vehicle in which it is or will be installed. “Air bag” 10 includes all component parts to a motor vehicle inflatable 11 occupant restraint system, including but not limited to the 12 cover, sensors, controllers, inflators, wiring, and seat belt 13 systems. 14 b. “Counterfeit air bag” means an air bag displaying a mark 15 identical or similar to the genuine mark of a motor vehicle 16 manufacturer without authorization from the manufacturer. 17 c. “Nonfunctional air bag” means an air bag that was 18 previously deployed or damaged, or has an electric fault that 19 is detected by a motor vehicle’s air bag diagnostic system 20 after the air bag is installed in the motor vehicle. 21 2. A person who manufactures, imports, installs, 22 reinstalls, sells, or offers to sell any device with the intent 23 that the device replace an air bag in a motor vehicle, and who 24 knows or reasonably should know under the circumstances that 25 the device is a counterfeit air bag, nonfunctional air bag, or 26 air bag that does not comply with federal safety requirements 27 as provided in 49 C.F.R. §571.208, is guilty of an aggravated 28 misdemeanor. 29 3. A person who manufactures, imports, installs, 30 reinstalls, sells, or offers to sell any device that causes a 31 motor vehicle’s diagnostic system to inaccurately indicate that 32 the motor vehicle is equipped with a functional air bag when 33 a counterfeit or nonfunctional air bag is installed, or when 34 no air bag is installed, with the intent to mislead the owner 35 -1- LSB 1641YC (2) 86 ns/nh 1/ 2

H.F. _____ or operator of the motor vehicle into believing that the motor 1 vehicle is equipped with a functional air bag, is guilty of an 2 aggravated misdemeanor. 3 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 4 immediate importance, takes effect upon enactment. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill provides that a person who manufactures, imports, 9 installs, or sells any device with the intent that the device 10 replace an air bag in a motor vehicle, and who knows or 11 reasonably should know under the circumstances that the device 12 is a counterfeit, nonfunctional, or unsafe air bag, is guilty 13 of an aggravated misdemeanor. 14 The bill also provides that a person who manufactures, 15 imports, installs, or sells any device that causes a motor 16 vehicle’s diagnostic system to inaccurately indicate that the 17 motor vehicle is equipped with a functional air bag when a 18 counterfeit or nonfunctional air bag is installed, or when no 19 air bag is installed, with the intent to mislead the owner or 20 operator of the motor vehicle into believing that the motor 21 vehicle is equipped with a functional air bag, is guilty of an 22 aggravated misdemeanor. 23 An aggravated misdemeanor is punishable by up to two years in 24 prison and up to a $6,250 fine. 25 The bill defines “air bag”, “counterfeit air bag”, and 26 “nonfunctional air bag”. In addition, the bill provides that 27 an air bag is unsafe when it does not comply with federal 28 safety requirements as provided in the code of federal 29 regulations. 30 The bill takes effect upon enactment. 31 -2- LSB 1641YC (2) 86 ns/nh 2/ 2