SESSION OF 2023
SUPPLEMENTAL NOTE ON SENATE BILL NO. 106
As Amended by House Committee on
Transportation
Brief*
SB 106, as amended, would amend the Uniform Act
Regulating Traffic on Highways to add law to prohibit
counterfeit airbags and amend law to authorize certain
ground effect lighting on vehicles.
Counterfeit Airbags
The bill would create the crime of 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 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
____________________
*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 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
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., seat belts] 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.
Ground Effect Lighting
The bill would authorize equipping a motor vehicle with
any type of ground effect lighting rather than only neon
ground effect lighting, as authorized by current law. The bill
would make conforming amendments to specify that no
portion of the bulb or lighting fixture, rather than neon tubes,
could be visible and would make conforming amendments to
the definition of “ground effect lighting,” which is lighting that
illuminates the ground below the vehicle.
Effective Date
The bill would be in effect upon publication in the
Kansas Register.
2- 106 Background
The bill, as amended by the House Committee, includes
the provisions of SB 106 and the provisions of SB 143, as
amended by the Senate Committee on Transportation.
SB 106—Counterfeit Airbags
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.
The Senate Committee amended the bill to make it
effective upon publication in the Kansas Register.
House Committee on Transportation
In the House 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,
Coalition Against insurance Fraud, Kansas Automobile
Dealers Association, and National Insurance Crime Bureau.
Proponents generally stated counterfeit airbags pose
significant safety risks to consumers and are used to defraud
consumers and insurance companies.
3- 106 No other testimony was provided.
The House Committee amended the bill to add the
contents of SB 143, a bill pertaining to vehicle ground effect
lighting.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 106, 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.
SB 143—Ground Effect Lighting
The bill was introduced by the Senate Committee on
Transportation at the request of a representative of the
Johnson County Sheriff’s Office.
Senate Committee on Transportation
In the Senate Committee hearing, a representative of
the Johnson County Sheriff’s Office provided proponent
4- 106 testimony. The conferee stated the technology used for these
lights has changed, and the bill would make it clear that any
ground effect lighting must follow statutory requirements.
No other testimony was provided.
[Note: Continuing law states ground effect lighting may
not flash or be any shade of red.]
The Senate Committee recommended the bill be placed
on the Consent Calendar.
House Committee on Transportation
In the House Committee hearing, a representative of the
Johnson County Sheriff’s Office provided proponent
testimony. The conferee stated the technology used for these
lights has changed, and the bill would make it clear that any
ground effect lighting must follow statutory requirements.
No other testimony was provided.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on SB 143, the Department of Revenue indicates
enactment of the bill would have no fiscal effect.
Airbag; vehicle; counterfeit; consumer protection; lights; ground effect lighting;
Uniform Act Regulating Traffic on Highways
5- 106