Senate Bill 0944

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



    Florida Senate - 1998                                   SB 944

    By Senator Campbell





    33-559-98                                               See HB

  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; providing

  6         penalties; providing an effective date.

  7

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

  9

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

11  cited as the "Airbag Antitheft Act."

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

13  restraint system that is designed to be installed and to

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

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

16  a motor vehicle.

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

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

19  such sale, request the appropriate law enforcement agency to

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

21  identification number of such airbag and the vehicle

22  identification number of the vehicle from which the airbag was

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

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

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

26  The computer check shall be verifiable under the records of

27  the inquiring law enforcement agency.

28         (4)  Replacement of airbags.--

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

30  repair shop shall state on the invoice the part identification

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

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






    Florida Senate - 1998                                   SB 944
    33-559-98                                               See HB




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

  2  person or business from whom such replacement airbag was

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

  4  shall also state on the repair invoice the vehicle

  5  identification number of the vehicle from which the airbag was

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

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

  8         (b)  Each motor vehicle repair shop which either

  9  removes or installs airbags shall maintain a log book

10  containing:

11         1.  The date of removal or installation.

12         2.  The motor vehicle identification number, license

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

14         3.  The part number of the airbag.

15         4.  In the case of a salvaged airbag:

16         a.  The vehicle identification number of the vehicle

17  from which the replacement airbag was salvaged.

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

19  other means of accurately identifying the person or business

20  from whom such salvaged inflatable airbag was purchased.

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

22  any other information necessary to accurately identify the

23  supplier.

24         (5)  Penalties.--

25         (a)  Any person who possesses a stolen uninstalled

26  airbag or any airbag from which the manufacturer's part

27  identification number has been removed, altered, or defaced or

28  sells or installs a stolen airbag or an airbag taken from a

29  stolen motor vehicle commits a felony of the third degree,

30  punishable as provided in section 775.082, section 775.083, or

31  section 775.084, Florida Statutes.

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






    Florida Senate - 1998                                   SB 944
    33-559-98                                               See HB




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

  2  accurate records or prepare complete and accurate documents

  3  required by this act commits a misdemeanor of the first

  4  degree, punishable as provided in section 775.082 or section

  5  775.083, Florida Statutes.

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

  7  year in which enacted.

  8

  9            *****************************************

10                       LEGISLATIVE SUMMARY

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

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