Session of 2023
SENATE BILL No. 106
By Committee on Transportation
1-26
AN ACT concerning motor vehicles; relating to devices that are
counterfeit supplemental restraint system components and
nonfunctional airbags; creating the crime of knowingly or intentionally
manufacturing, importing, distributing, selling, offering for sale,
installing or reinstalling such devices and providing for criminal
penalties for violation thereof.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) No person shall knowingly or intentionally
manufacture, import, distribute, sell, offer for sale, install or reinstall a
device intended to replace a supplemental restraint system component if
the device is:
(1) A counterfeit supplemental restraint system component;
(2) a nonfunctional airbag; or
(3) any object in lieu of a supplemental restraint system component
that was not designed in accordance with federal safety regulations for the
make, model and year of the motor vehicle in which such device is or will
be installed.
(b) Violation of subsection (a) shall be a class A nonperson
misdemeanor.
(c) As used in 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 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.
(3) "Nonfunctional airbag" means a replacement airbag that:
(A) Was previously deployed or damaged;
(B) has an electric fault that is detected by the motor vehicle's
diagnostic systems when the installation procedure is completed and the
motor vehicle is returned to the customer who requested the work to be
performed or when ownership is intended to be transferred;
(C) includes a part or object, including a supplemental restraint
system component, installed in a motor vehicle to mislead the owner or
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operator of the motor vehicle into believing that a functional airbag has
been installed; or
(D) is prohibited from being sold or leased in accordance with 49
U.S.C. § 30120(j).
(4) "Supplemental restraint system" means a passive inflatable motor
vehicle occupant crash protection system designed for use in conjunction
with active restraint systems as described in 49 C.F.R. § 571.208. A
supplemental restraint system includes:
(A) Each airbag installed in accordance with the motor vehicle
manufacturer's design; and
(B) all components required to ensure that an airbag operates as
designed in the event of a crash and in accordance with the federal motor
vehicle safety standards for the specific make, model and year of the motor
vehicle.
(d) This section shall be a part of and supplemental to the uniform act
regulating traffic on highways.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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