Senate Bill 0244c1

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


    Florida Senate - 1999                            CS for SB 244

    By the Committee on Criminal Justice and Senator Campbell





    307-1761-99

  1                      A bill to be entitled

  2         An act relating to motor vehicle airbags;

  3         providing a short title; providing definitions;

  4         requiring any person engaged in the business of

  5         purchasing, selling, or installing salvaged

  6         airbags to maintain a record of any purchase,

  7         sale, or installation of a salvaged airbag;

  8         specifying required information; providing for

  9         inspection and disclosure of such records;

10         requiring any person who sells or installs a

11         salvaged airbag to disclose to the purchaser

12         that the airbag is salvaged; prohibiting

13         certain activities; providing penalties;

14         providing an effective date.

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

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18         Section 1.  Airbag Antitheft Act.--

19         (1)  SHORT TITLE.--This section may be cited as the

20  "Airbag Antitheft Act."

21         (2)  DEFINITIONS.--As used in this section, the term

22  "airbag" means an inflatable restraint system that is designed

23  to be installed and to operate in a motor vehicle to activate

24  in the event of a crash; and the term "salvaged airbag" means

25  an airbag that has been removed from a motor vehicle.

26         (3)  PURCHASE, SALE, OR INSTALLATION OF SALVAGED

27  AIRBAGS; RECORDS.--Any person engaged in the business of

28  purchasing, selling, or installing salvaged airbags shall

29  maintain a manual or electronic record of the purchase, sale,

30  or installation, which must include the identification number

31  of the salvaged airbag; the vehicle identification number of

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    Florida Senate - 1999                            CS for SB 244
    307-1761-99




  1  the vehicle from which the salvaged airbag was removed; the

  2  name, address, and driver's license number or other means of

  3  identification of the person from whom the salvaged airbag was

  4  purchased; and, in the event that the salvaged airbag is

  5  installed, the vehicle identification number of the vehicle

  6  into which the airbag is installed. Such record must be

  7  maintained for 36 months following the transaction and may be

  8  inspected during normal business hours by any law enforcement

  9  officer of this state or other authorized representative of

10  the agency charged with administration of this section. Any

11  person who sells a salvaged airbag or who installs a salvaged

12  airbag must disclose to the purchaser or consumer that the

13  airbag is salvaged. Upon request, information within a portion

14  of such record pertaining to a specific transaction must be

15  provided to an insurer or consumer.

16         (4)  PROHIBITION; PENALTIES.--

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

18  possess, sell, or install a stolen uninstalled airbag; a new

19  or salvaged airbag from which the manufacturer's part

20  identification number has been removed, altered, or defaced;

21  or an airbag taken from a stolen motor vehicle. Any person who

22  violates this paragraph commits a felony of the third degree,

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

24  section 775.084, Florida Statutes.

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

26  accurate records, to prepare complete and accurate documents,

27  to provide information within a portion of such record upon

28  request, or to properly disclose that an airbag is salvaged,

29  as required by this act, commits a misdemeanor of the first

30  degree, punishable as provided in section 775.082 or section

31  775.083, Florida Statutes.

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    Florida Senate - 1999                            CS for SB 244
    307-1761-99




  1         Section 2.  This act shall take effect October 1, 1999.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 244

  5

  6  -     Provides that any person engaged in the business of
          purchasing, selling or installing salvaged airbags must
  7        disclose to the consumer that the airbag is salvaged and
          must maintain a record of the transaction.
  8
    -     Provides that the vehicle identification number of the
  9        vehicle from which the airbag was salvaged must be
          included in the airbag record.
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    -     Provides that the records must be maintained for
11        thirty-six months after the transaction and that
          officers may inspect the records insuring normal
12        business hours.

13  -     Adds that it is a first degree misdemeanor for any
          person to fail to disclose that an airbag is salvaged or
14        to fail to provide information contained in the record
          to a consumer or insurer.
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