House Bill 3357c1

    Florida House of Representatives - 1998             CS/HB 3357

        By the Committee on Crime & Punishment and Representative
    Stafford





  1                      A bill to be entitled

  2         An act relating to motor vehicle airbags;

  3         providing a short title; providing definitions;

  4         providing requirements on sales, replacement,

  5         or installation of airbags; prohibiting certain

  6         activities; providing penalties; providing an

  7         effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  (1)  Short title.--This section may be

12  cited as the "Airbag Antitheft Act."

13         (2)  Definitions.--"Airbag" means an inflatable

14  restraint system that is designed to be installed and to

15  operate in a motor vehicle to activate in the event of a

16  crash. A "salvaged airbag" is one which has been removed from

17  a motor vehicle.

18         (3)  Sale of salvaged airbags; restrictions.--Any

19  person who offers to sell any salvaged airbag shall, prior to

20  such sale, request the appropriate law enforcement agency to

21  determine, using a national theft computer system and the part

22  identification number of such airbag and the vehicle

23  identification number of the vehicle from which the airbag was

24  removed, whether the airbag or the motor vehicle is reported

25  as stolen. The sales invoice shall state the date, such

26  identification numbers, and the results of the computer check.

27  The computer check shall be verifiable under the records of

28  the inquiring law enforcement agency.

29         (4)  Replacement of airbags.--

30         (a)  When an airbag is replaced, the motor vehicle

31  repair shop shall state on the invoice the part identification

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 3357

    189-834-98






  1  number of the airbag and the name, address, and driver license

  2  number of, or other means of accurately identifying, the

  3  person or business from whom such replacement airbag was

  4  purchased. When installing a salvaged airbag, the repair shop

  5  shall also state on the repair invoice the vehicle

  6  identification number of the vehicle from which the airbag was

  7  salvaged. The insurer, if any, and the consumer shall receive

  8  a copy of the purchase invoice for such replacement airbag.

  9         (b)  Each motor vehicle repair shop which either

10  removes or installs airbags shall maintain a log book

11  containing:

12         1.  The date of removal or installation.

13         2.  The motor vehicle identification number, license

14  plate number, and make and model of the motor vehicle.

15         3.  The part number of the airbag.

16         4.  In the case of a salvaged airbag:

17         a.  The vehicle identification number of the vehicle

18  from which the replacement airbag was salvaged.

19         b.  The name, address, and driver license number or

20  other means of accurately identifying the person or business

21  from whom such salvaged inflatable airbag was purchased.

22         5.  In the case of a new airbag, the name, address, and

23  any other information necessary to accurately identify the

24  supplier.

25         (5)  Prohibition; penalties.--

26         (a)  It is unlawful for any person to knowingly

27  possess, sell, or install a stolen uninstalled airbag, any

28  airbag from which the manufacturer's part identification

29  number has been removed, altered, or defaced, or an airbag

30  taken from a stolen motor vehicle.  Any person who violates

31  this provision commits a felony of the third degree,

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 3357

    189-834-98






  1  punishable as provided in s. 775.082, s. 775.083, or s.

  2  775.084, Florida Statutes.

  3         (b)  Any person who fails to maintain complete and

  4  accurate records or prepare complete and accurate documents

  5  required by this act commits a misdemeanor of the first

  6  degree, punishable as provided in s. 775.082 or s. 775.083,

  7  Florida Statutes.

  8         Section 2.  This act shall take effect October 1 of the

  9  year in which enacted.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Creates the "Airbag Antitheft Act" to provide for
14    identifying and preventing installation of stolen
      airbags. Imposes requirements on businesses removing or
15    installing airbags. See bill for details.

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3