1 Regulation of Motor Vehicle Repair Facilities; Definitions RSA 358-D:1 is repealed and reenacted to read as follows:

358-D:1 Definitions. As used in this chapter:

I. "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

II. "Counterfeit supplemental restraint system" means a 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 such manufacturer or supplier, including, but not limited to, an airbag cover, an inflator, cushion material, sensors, a control unit, and seat belt tensors.

III. "Customer" means any person, or representative thereof, who is seeking to have performed, is having performed, or has had performed, any service or repair work on a motor vehicle.

IV. "Motor vehicle" means any vehicle defined by RSA 259:60, I except "motor trucks," "motorcycles" and "motor-driven cycles" as defined by RSA 259.

V. "Motor vehicle repair facility" means any person who performs services or repair work on any motor vehicle.

VI. "Nonfunctional airbag" means an 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 motor vehicle's diagnostic system when the installation procedure is completed and:

(1) The motor vehicle is returned to the customer who requested the work be performed; or

(2) Ownership of the vehicle is intended to be transferred.

(c) The airbag includes a part or object 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) The airbag is subject to the prohibitions of 49 U.S.C. section 30120(j).

VII. "Person" means any person defined by RSA 358-A:1, I.

VIII. "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 C.F.R. section 571.209, and which 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 as designed in the event of a collision.

(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.

2 Regulation of Motor Vehicle Repair Facilities; Sale, Purchase, and Installation of Airbags; Criminal Penalty Established. Amend RSA 358-D:11-a to read as follows:

358-D:11-a Sale, Purchase, and Installation of Airbags; Criminal Penalty Established.

Any person who knowingly sells, purchases, installs, or reinstalls any object which is not a properly operating airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system, shall be guilty of a class A misdemeanor.

3 Regulation of Motor Vehicle Repair Facilities; Installation of Recycled Airbag. Amend RSA 358-D:11-b to read as follows:

358-D:11-b Installation of Recycled Airbag .

Nothing in RSA 358-D:11-a shall prohibit the installation or reinstallation of a recycled airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system.

4 Effective Date. This act shall take effect January 1, 2021.

1 Regulation of Motor Vehicle Repair Facilities; Definitions RSA 358-D:1 is repealed and reenacted to read as follows:

358-D:1 Definitions. As used in this chapter:

I. "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

II. "Counterfeit supplemental restraint system" means a 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 such manufacturer or supplier, including, but not limited to, an airbag cover, an inflator, cushion material, sensors, a control unit, and seat belt tensors.

III. "Customer" means any person, or representative thereof, who is seeking to have performed, is having performed, or has had performed, any service or repair work on a motor vehicle.

IV. "Motor vehicle" means any vehicle defined by RSA 259:60, I except "motor trucks," "motorcycles" and "motor-driven cycles" as defined by RSA 259.

V. "Motor vehicle repair facility" means any person who performs services or repair work on any motor vehicle.

VI. "Nonfunctional airbag" means an 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 motor vehicle's diagnostic system when the installation procedure is completed and:

(1) The motor vehicle is returned to the customer who requested the work be performed; or

(2) Ownership of the vehicle is intended to be transferred.

(c) The airbag includes a part or object 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) The airbag is subject to the prohibitions of 49 U.S.C. section 30120(j).

VII. "Person" means any person defined by RSA 358-A:1, I.

VIII. "Supplemental restraint system" means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with a seat belt assembly as defined in 49 C.F.R. section 571.209, and which 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 as designed in the event of a collision.

(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.

2 Regulation of Motor Vehicle Repair Facilities; Sale, Purchase, and Installation of Airbags; Criminal Penalty Established. Amend RSA 358-D:11-a to read as follows:

358-D:11-a Sale, Purchase, and Installation of Airbags; Criminal Penalty Established.

I. Any person who knowingly manufactures, imports, sells, offers for sale, purchases, installs, or reinstalls any object intended to replace a supplemental restraint system component as part of a vehicle inflatable restraint system, and said object is not a properly operating airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, including a counterfeit supplemental restraint system component or a nonfunctional airbag, shall be guilty of a class A misdemeanor.

II. Any person who knowingly and intentionally sells, installs, or reinstalls a device that causes a motor vehicle's diagnostic system to fail to warn when the motor vehicle is equipped with a counterfeit supplemental restraint system component or a nonfunctional airbag or when no airbag is installed shall be guilty of a class A misdemeanor.

3 Regulation of Motor Vehicle Repair Facilities; Installation of Recycled Airbag. Amend RSA 358-D:11-b to read as follows:

358-D:11-b Installation of Recycled Airbag ; Disposal of Counterfeit Supplemental Restraint System Components or Nonfunctional Airbags .

I. Nothing in RSA 358-D:11-a shall prohibit the installation or reinstallation of a recycled airbag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle, as part of a vehicle inflatable restraint system.

II. Nothing inRSA 358-D:11-a shall prohibit automotive dealers, repair professionals, recyclers, original equipment manufacturers, or contractors from disposing of counterfeit supplemental restraint system components or nonfunctional airbags in accordance with federal or state law.

4 Effective Date. This act shall take effect January 1, 2021.