SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 106
As Amended by Senate Committee on
Transportation
Brief*
SB 106, as amended, would prohibit knowingly or
intentionally manufacturing, importing, distributing, selling,
offering for sale, installing, or reinstalling a device intended to
replace a supplemental restraint system component in a
vehicle if the device is counterfeit, a nonfunctional airbag, or
an object not designed in accordance with federal safety
regulations for the make, model, and year of the vehicle.
Violation of this prohibition would be a class A
nonperson misdemeanor.
The bill would define four terms:
●“Airbag,” to mean an inflatable occupant restraint
system device that is part of a supplemental
restraint system in a vehicle;
●“Counterfeit supplemental restraint system
component,” to mean a replacement component
displaying a mark identical or substantially similar
to the genuine mark of a motor vehicle
manufacturer or parts supplier without
authorization from that manufacturer or supplier;
●“Nonfunctional airbag,” to mean a replacement
airbag that was previously deployed or damaged,
has an electric fault that is detected by the vehicle’s
diagnostic systems, includes a part or object
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org installed in the vehicle to mislead the owner into
believing that a functional airbag has been
installed, or is an airbag prohibited by federal law;
and
●“Supplemental restraint system,” to mean a
passive inflatable vehicle occupant crash
protection system designed for use in conjunction
with active restraint systems [i.e., seatbelts] that
includes each airbag, installed according to the
vehicle manufacturer’s design, and all components
required to ensure the airbag operates as designed
and meeting federal safety standards.
The bill would add these provisions to the Uniform Act
Regulating Traffic on Highways.
The bill would be in effect upon publication in the
Kansas Register.
Background
The bill was introduced upon request of a representative
of the Alliance for Automotive Innovation.
Senate Committee on Transportation
In the Senate Committee hearing, a representative of
American Honda Motor Company provided proponent
testimony. Written-only proponent testimony was provided by
representatives of the Alliance for Automotive Innovation,
Automotive Anti-Counterfeiting Council, Coalition Against
Insurance Fraud, and Kansas Automobile Dealers
Association. Proponents generally stated counterfeit airbags
pose significant safety risks to consumers.
No other testimony was provided.
2- 106 The Senate Committee amended the bill to make it
effective upon publication in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration indicates enactment of the bill could increase
the number of cases filed in district court because it would
create a new crime, which would increase the workload of
judicial and nonjudicial personnel and could require more
supervision of offenders by court services officers. Enactment
also could result in collection of supervision fees, docket fees,
and fines. However, a fiscal effect cannot be determined
because the number of additional cases cannot be estimated.
The Kansas Department of Transportation indicates
enactment of the bill would increase revenues to the Traffic
Records Enhancement Fund and the Seat Belt Safety Fund
from fines collected, but any increase is expected to be
negligible.
Any fiscal effect associated with enactment of the bill is
not reflected in The FY 2024 Governor’s Budget Report.
Airbag; vehicle; counterfeit; consumer protection
3- 106