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House File 287 - EnrolledAn Actrelating 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
-1-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-
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
-1-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-