Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                                 HB 761.1
                                                  HOUSE BILL NO. 761
                                              INTRODUCED BY M. HOPKINS
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  A BILL FOR AN ACT ENTITLED: “AN ACT PROHIBITING AIRBAG FRAUD; PROVIDING DEFINITIONS; AND
  PROVIDING A PENALTY.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.          Airbag fraud prohibition. (1) A person may not knowingly:
          (a)      import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a counterfeit
  supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with
  Federal Motor Vehicle Safety Standard No. 208, 49 CFR 571.208, as of February 12, 2023, for the make,
  model, and year of the motor vehicle;
          (b)      sell, offer for sale, install, or reinstall in a motor vehicle a device that causes a motor vehicle's
  diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag;
  or
          (c)      sell, lease, trade, or transfer a motor vehicle if the person knows that a counterfeit
  supplemental restraint system component, a nonfunctional airbag, or an object that does not comply with
  Federal Motor Vehicle Safety Standard No. 208, 49 CFR 571.208, as of February 12, 2023, for the make,
  model, and year of the motor vehicle has been installed as part of the motor vehicle's restraint system.
          (2)      A person who violates this section is subject to the penalties provided in [section 2].
          (3)      As used in this section:
          (a)      "Airbag" means a motor vehicle inflatable occupant restraint system device that is part of a
  supplemental restraint system.
          (b)      "Counterfeit supplemental restraint system component" means a replacement supplemental
  restraint system component, including but not limited to an airbag, that displays a mark identical to, 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, respectively.
                                                                 -1-                      Authorized Print Version – HB 761
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68th Legislature 2023                                                                                                HB 761.1
          (c)      "Nonfunctional airbag" means a replacement airbag that meets any of the following criteria:
          (i)      the airbag was previously deployed or damaged;
          (ii)     the airbag has an electric fault that is detected by the vehicle's airbag diagnostic system when
  the installation procedure is completed and the vehicle is returned to the customer who requested the work to
  be performed or when ownership is intended to be transferred;
          (iii)    the airbag includes a part or object, including a supplemental restraint system component, that
  is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a
  functional airbag has been installed; or
          (iv)     the airbag is subject to the prohibitions of 49 U.S.C. 30120(j), as of February 12, 2023.
          (d)      "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 CFR 571.209. A
  supplemental restraint system 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:
          (i)      the airbag operates as designed in the event of a crash; and
          (ii)     the airbag is designed to meet federal motor vehicle safety standards for the specific make,
  model, and year of the vehicle in which it is or will be installed.
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          NEW SECTION. Section 2.          Airbag fraud penalty. A person who violates [section 1] is guilty of
  airbag fraud and upon conviction shall be fined not more than $750, imprisoned for not more than 6 months, or
  both.
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          NEW SECTION. Section 3.          Codification instruction. (1) [Section 1] is intended to be codified as an
  integral part of Title 61, chapter 9, part 4, and the provisions of Title 61, chapter 9, part 4, apply to [section 1].
          (2)      [Section 2] is intended to be codified as an integral part of Title 61, chapter 9, part 5, and the
  provisions of Title 61, chapter 9, part 5, apply to [section 2].
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                                                                 -2-                      Authorized Print Version – HB 761