LEGISLATIVE GENERAL COUNSEL H.B. 537
6 Approved for Filing: K. Orton 6 1st Sub. (Buff)
6 02-21-24 10:42 AM 6
Representative Thomas W. Peterson proposes the following substitute bill:
1 COUNTERFEIT AIRBAG AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Thomas W. Peterson
5 Senate Sponsor: Michael K. McKell
6
7 LONG TITLE
8 General Description:
9 This bill prohibits a counterfeit or nonfunctional airbag.
10 Highlighted Provisions:
11 This bill:
12 < prohibits certain actions involving a counterfeit or nonfunctional airbag; and
13 < establishes penalties.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 ENACTS:
20 41-1a-1321, Utah Code Annotated 1953 1st Sub. H.B. 537
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 41-1a-1321 is enacted to read:
24 41-1a-1321. Counterfeit airbags.
25 (1) As used in this section:
*HB0537S01*
 1st Sub. (Buff) H.B. 537 02-21-24 10:42 AM
26 (a) "Airbag" means an inflatable passive restraint system component for occupants of
27 motor vehicles which is part of an automobile supplemental restraint system that:
28 (i) operates in the event of a crash; and
29 (ii) meets applicable federal safety standards for the specific make, model, and year of
30 the motor vehicle in which the airbag is installed.
31 (b) "Counterfeit automobile supplemental restraint system component" means a
32 replacement motor vehicle passive restraint system component, including an airbag, that
33 displays an identical or substantially similar mark to the manufacturer's or supplier's genuine
34 trademark without authorization.
35 (c) "Nonfunctional airbag" means a replacement airbag that:
36 (i) was previously deployed or damaged;
37 (ii) may not be sold or leased under 49 U.S.C. Sec. 30120(j);
38 (iii) has a fault that is detected by the vehicle diagnostic system after the installation
39 procedure is completed; or
40 (iv) includes any part or object installed in a motor vehicle to mislead the owner or
41 operator of the motor vehicle into believing that a functional airbag has been installed.
42 (d) "Person" includes the owner or lessee of a motor vehicle, a body shop, dealer,
43 remanufacturer, salvage rebuilder, vehicle service maintenance facility, or an entity or
44 individual engaged in the repair of motor vehicles or the replacement or repair of an airbag
45 passive restraint system.
46 (2) A person may not, with criminal negligence, manufacture, import, sell, offer for
47 sale, install, or reinstall a counterfeit or nonfunctional airbag.
48 (3) (a) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class
49 A misdemeanor.
50 (b) A violation of Subsection (2) is a second degree felony if the person causes:
51 (i) serious injury, as defined in Section 76-1-101.5, to an individual;
52 (ii) substantial injury, as defined in Section 76-1-101.5, to an individual; or
53 (iii) the death of an individual.
54 Section 2. Effective date.
55 This bill takes effect on May 1, 2024.
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