Senate Bill sb0216

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    Florida Senate - 2001                                   SB 216

    By Senator Villalobos





    37-279-01

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         860.145, F.S.; requiring that motor vehicle

  4         airbags be identified with a number;

  5         prohibiting certain acts regarding airbags;

  6         providing penalties; providing an effective

  7         date.

  8

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

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11         Section 1.  Section 860.145, Florida Statutes, is

12  amended to read:

13         860.145  Airbag Antitheft Act.--

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

15  "Airbag Antitheft Act."

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

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

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

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

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

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

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

23  purchasing, selling, or installing salvaged airbags shall

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

25  or installation, which must include the identification number

26  of the salvaged airbag; the vehicle identification number of

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

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

29  identification of the person from whom the salvaged airbag was

30  purchased; and, if in the event that the salvaged airbag is

31  installed, the vehicle identification number of the vehicle

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    Florida Senate - 2001                                   SB 216
    37-279-01




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

  2  maintained for 36 months following the transaction and may be

  3  inspected during normal business hours by any law enforcement

  4  officer of this state or other authorized representative of

  5  the agency charged with administration of this section. Any

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

  7  airbag must disclose to the purchaser or consumer that the

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

  9  of such record pertaining to a specific transaction must be

10  provided to an insurer or consumer.

11         (4)  IDENTIFICATION NUMBER.--Airbags installed by a

12  motor vehicle manufacturer, in addition to any other

13  identification, must be marked with the vehicle identification

14  number of the vehicle in which the airbags are installed.

15         (5)(4)  PROHIBITION; PENALTIES.--

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

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

18  or salvaged airbag from which the manufacturer's part

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

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

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

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

23  775.084.

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

25  accurate records, to prepare complete and accurate documents,

26  to provide information within a portion of such record upon

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

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

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

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    Florida Senate - 2001                                   SB 216
    37-279-01




  1         Section 2.  It is a felony of the second degree,

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

  3  section 775.084 to:

  4         (1)  Knowingly possess, sell, or install in any

  5  vehicle:

  6         (a)  A fake airbag or other device that appears to be

  7  an airbag but that does not function as an airbag; or

  8         (b)  A deployed airbag with or without the inflatable

  9  portion attached.

10         (2)  Place in an airbag compartment any material that

11  does not function in the same manner or to the same extent as

12  an airbag to protect the occupants of the vehicle in a crash.

13         Section 3.  This act shall take effect July 1, 2001.

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16                          SENATE SUMMARY

17    Requires that airbags be identified by number.
      Prohibiting the possession, sale, or installation of
18    certain prohibited devices purporting to be airbags.
      Prohibiting the placing of certain material in airbag
19    compartments.

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