California Assembly Bill AB2387 Amended / Bill

 BILL NUMBER: AB 2387AMENDED BILL TEXT AMENDED IN SENATE JUNE 2, 2016 AMENDED IN ASSEMBLY MAY 9, 2016 AMENDED IN ASSEMBLY APRIL 14, 2016 AMENDED IN ASSEMBLY APRIL 12, 2016 INTRODUCED BY Assembly Member Mullin (Coauthors: Assembly Members Chang, Cooper, Holden, and Wilk) FEBRUARY 18, 2016 An act to repeal and add Section 27317 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 2387, as amended, Mullin. Vehicle equipment: supplemental restraint system components and nonfunctional airbags. Existing law makes it a misdemeanor for a person to (a) install, reinstall, rewire, tamper with, alter, or modify for compensation, a vehicle's computer system or supplemental restraint system, otherwise referred to as an  airbags,   airbag,  so that it falsely indicates the supplemental restraint system is in proper working order; or (b) knowingly distribute or sell a previously deployed airbag or component that will no longer meet the original equipment manufacturing form or function for proper operation. This bill would repeal these provisions and instead make it a misdemeanor for any person to knowingly and intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component, as defined, in any motor vehicle if the device is a counterfeit supplemental restraint system component or a nonfunctional airbag, as defined, or does not meet specified federal safety requirements. The bill would also make it a misdemeanor to  knowingly and intentionally  sell, install, or reinstall in a vehicle any device that causes the vehicle's diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag, or when no airbag is installed.  The bill would deem any of the violations described as an unfair or deceptive act or practice for purposes of the Consumers Legal Remedies Act, as specified.  By creating new crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 27317 of the Vehicle Code is repealed. SEC. 2. Section 27317 is added to the Vehicle Code, to read: 27317. (a) A person shall not knowingly and intentionally manufacture, import, install, reinstall, distribute, sell, or offer for sale any device intended to replace a supplemental restraint system component in any motor vehicle if the device is a counterfeit supplemental restraint system component or a nonfunctional airbag, or does not meet federal safety requirements as provided in Section 571.208 of Title 49 of the Code of Federal Regulations. (b) A person shall not  knowingly and intentionally  sell, install, or reinstall in a vehicle, any device that causes the vehicle's diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit supplemental restraint system component or nonfunctional airbag, or when no airbag is installed. (c) A violation of subdivision (a) or (b) is a misdemeanor punishable by a fine of up to five thousand dollars ($5,000) or by imprisonment in a county jail for up to one year, or by both the fine and imprisonment.  (d) A violation of subdivision (a) or (b) shall be deemed an unfair or deceptive act or practice for purposes of the Consumers Legal Remedies Act (Title 1.5 (commencing with Section 1750) of Part 4 of Division 3 of the Civil Code). Each manufacture, importation, installation, reinstallation, distribution, sale, or offer for sale shall constitute a separate and distinct violation.   (e)   (d)  An installation or reinstallation shall not have occurred for purposes of this section until the work is complete.  (f)   (e)  The following definitions shall apply for purposes of this section: (1) "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system. (2) "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component, including, but not limited to, an airbag that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively. (3) "Nonfunctional airbag" means a replacement airbag that meets any of the following criteria: (A) The airbag was previously deployed or damaged. (B) The airbag has an electric fault that is detected by the vehicle's airbag diagnostic systems  after   when  the installation procedure is  completed.   completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred.  (C) The airbag includes a part or object, including, but not limited to, a supplemental restraint system component installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed.  (D) An airbag subject to a federal recall shall not be considered non functional for purposes of this section.  (4) "Supplemental restraint system," commonly referred to as an "SRS," means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems, as defined in Section 571.208 of Title 49 of the Code of Federal Regulations. A supplemental restraint system includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer, including both of the following: (A) The airbag operates in the event of a crash. (B) The airbag 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. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.