Revision: Jan. 14, 2020, 1:07 p.m.
SB 653-FN - AS INTRODUCED
2020 SESSION
20-2817
11/03
SENATE BILL 653-FN
AN ACT relative to remedies for the sale of counterfeit motor vehicle airbags.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Ward, Dist 8; Sen. Watters, Dist 4; Rep. Sykes, Graf. 13
COMMITTEE: Transportation
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ANALYSIS
This bill clarifies the penalties imposed for the sale, purchase, and installation of improperly operating airbags.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2817
11/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to remedies for the sale of counterfeit motor vehicle airbags.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Regulation of Motor Vehicle Repair Facilities; Definitions RSA 358-D:1 is repealed and reenacted to read as follows: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 [which is] 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, [as part of a vehicle inflatable restraint system,] 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 in RSA 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.
20-2817
12/18/19
SB 653-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to remedies for the sale of counterfeit motor vehicle airbags.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill clarifies the penalties imposed for the sale, purchase and installation of improperly operating airbags. This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Class A Misdemeanor | $77 | $79 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
The Department of Justice indicates it would not be involved prosecutions or investigations related to this bill and any appeals could be handled within the existing budget.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties