| 22 | 23 | | A BILL |
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| 23 | 24 | | |
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| 24 | 25 | | FOR AN ACT ENTITLED |
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| 25 | 26 | | |
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| 26 | 27 | | "An Act establishing the crime of airbag fraud." 1 |
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| 27 | 28 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2 |
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| 28 | 29 | | * Section 1. AS 28.35 is amended by adding a new section to read: 3 |
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| 29 | 30 | | Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud 4 |
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| 30 | 31 | | if the person 5 |
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| 31 | 32 | | (1) knowingly sells, offers for sale, imports, installs, or reinstalls 6 |
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| 32 | 33 | | (A) a replacement airbag that does not comply with federal 7 |
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| 33 | 34 | | safety regulations specific to the vehicle's make, model, and year; 8 |
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| 34 | 35 | | (B) an airbag that is counterfeit or nonfunctioning; or 9 |
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| 35 | 36 | | (C) a part or device that is intended to conceal a counterfeit or 10 |
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| 36 | 37 | | nonfunctioning airbag; 11 |
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| 37 | 38 | | (2) knowingly manufactures 12 |
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| 38 | 39 | | (A) a counterfeit or nonfunctioning airbag; or 13 |
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| 39 | 40 | | (B) a part or device that is intended to conceal a counterfeit or 14 |
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| 42 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 43 | 44 | | |
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| 44 | 45 | | (3) intentionally sells, leases, or trades or offers for sale, lease, or trade 1 |
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| 45 | 46 | | a vehicle that the person knows has 2 |
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| 46 | 47 | | (A) a replacement airbag that does not comply with federal 3 |
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| 47 | 48 | | safety regulations specific to the vehicle's make, model, and year; or 4 |
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| 48 | 49 | | (B) a counterfeit or nonfunctioning airbag. 5 |
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| 49 | 50 | | (b) This section does not apply to 6 |
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| 50 | 51 | | (1) a person installing, reinstalling, or replacing an airbag on a vehicle 7 |
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| 54 | | - | vehicle's airbag is counterfeit or nonfunctioning; 11 |
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| 55 | | - | (3) a person who transfers a vehicle title to an insurance company to 12 |
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| 56 | | - | satisfy an insurance claim when the insurance company declares the vehicle to be an 13 |
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| 57 | | - | actual total loss or constructive total loss; or 14 |
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| 58 | | - | (4) an insurance company that sells or otherwise disposes of a vehicle 15 |
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| 59 | | - | as authorized by law or regulation. 16 |
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| 60 | | - | (c) This section does not 17 |
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| 61 | | - | (1) preclude liability of any party in a civil action; or 18 |
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| 62 | | - | (2) create a duty that, before the sale of a vehicle, an owner or 19 |
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| 63 | | - | employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 20 |
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| 64 | | - | the possession of the dealership or owner to determine whether the airbag is 21 |
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| 65 | | - | counterfeit or nonfunctioning. 22 |
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| 66 | | - | (d) In this section, 23 |
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| 67 | | - | (1) "airbag" includes an airbag component; 24 |
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| 68 | | - | (2) "counterfeit" means a replacement airbag displaying an 25 |
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| 69 | | - | unauthorized mark that is identical, or substantially similar, to the genuine mark of a 26 |
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| 70 | | - | motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 27 |
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| 71 | | - | (3) "nonfunctioning" means a replacement airbag that is inoperable, 28 |
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| 72 | | - | damaged, or recalled, has previously been deployed, will cause a vehicle's diagnostic 29 |
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| 73 | | - | system to inaccurately indicate that the vehicle is equipped with a properly functioning 30 |
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| 74 | | - | airbag, or results in an electric fault detected by a vehicle's diagnostic system after the 31 33-LS0277\B |
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| 75 | | - | SB0037b -3- HCS SB 37(L&C) |
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| 55 | + | vehicle's airbag is counterfeit or nonfunctioning. 11 |
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| 56 | + | (c) This section does not 12 |
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| 57 | + | (1) preclude liability of any party in a civil action; or 13 |
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| 58 | + | (2) create a duty that, before the sale of a vehicle, an owner or 14 |
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| 59 | + | employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 15 |
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| 60 | + | the possession of the dealership or owner to determine whether the airbag is 16 |
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| 61 | + | counterfeit or nonfunctioning. 17 |
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| 62 | + | (d) In this section, 18 |
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| 63 | + | (1) "airbag" includes an airbag component; 19 |
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| 64 | + | (2) "counterfeit" means a replacement airbag displaying an 20 |
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| 65 | + | unauthorized mark that is identical, or substantially similar, to the genuine mark of a 21 |
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| 66 | + | motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 22 |
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| 67 | + | (3) "nonfunctioning" means a replacement airbag that is inoperable, 23 |
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| 68 | + | damaged, or recalled, has previously been deployed, will cause a vehicle's diagnostic 24 |
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| 69 | + | system to inaccurately indicate that the vehicle is equipped with a properly functioning 25 |
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| 70 | + | airbag, or results in an electric fault detected by a vehicle's diagnostic system after the 26 |
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| 71 | + | installation procedure is complete; 27 |
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| 72 | + | (4) "recalled" means an airbag that was removed from a vehicle 28 |
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| 73 | + | because a manufacturer or federal agency determined the airbag created an 29 |
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| 74 | + | unreasonable safety risk or did not meet minimum safety standards and that federal 30 |
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| 75 | + | law has not exempted from reinstallation. 31 33-LS0277\A |
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| 76 | + | SB0037A -3- SB 37 |
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| 78 | | - | installation procedure is complete; 1 |
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| 79 | | - | (4) "recalled" means an airbag that was removed from a vehicle 2 |
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| 80 | | - | because a manufacturer or federal agency determined the airbag created an 3 |
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| 81 | | - | unreasonable safety risk or did not meet minimum safety standards and that federal 4 |
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| 82 | | - | law has not exempted from reinstallation. 5 |
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| 83 | | - | (e) Airbag fraud is 6 |
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| 84 | | - | (1) a class A misdemeanor; or 7 |
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| 85 | | - | (2) a class C felony if death or serious physical injury to another 8 |
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| 86 | | - | person results from 9 |
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| 87 | | - | (A) the manufacture, sale, importation, installation, or 10 |
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| 88 | | - | reinstallation of a replacement airbag that does not comply with federal safety 11 |
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| 89 | | - | regulations specific to the vehicle's make, model, and year or a counterfeit or 12 |
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| 90 | | - | nonfunctioning airbag; or 13 |
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| 91 | | - | (B) the sale, lease, or trade of a vehicle that has a replacement 14 |
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| 92 | | - | airbag that does not comply with federal safety regulations specific to the 15 |
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| 93 | | - | vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 16 |
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| 79 | + | (e) Airbag fraud is 1 |
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| 80 | + | (1) a class A misdemeanor; or 2 |
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| 81 | + | (2) a class C felony if death or serious physical injury to another 3 |
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| 82 | + | person results from 4 |
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| 83 | + | (A) the manufacture, sale, importation, installation, or 5 |
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| 84 | + | reinstallation of a replacement airbag that does not comply with federal safety 6 |
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| 85 | + | regulations specific to the vehicle's make, model, and year or a counterfeit or 7 |
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| 86 | + | nonfunctioning airbag; or 8 |
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| 87 | + | (B) the sale, lease, or trade of a vehicle that has a replacement 9 |
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| 88 | + | airbag that does not comply with federal safety regulations specific to the 10 |
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| 89 | + | vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 11 |
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