Relates to counterfeit and non-functional airbags; makes it unlawful to offer to distribute or sell, distribute or sell, a counterfeit or non-functional airbag.
STATE OF NEW YORK
________________________________________________________________________
5037--B
Cal. No. 622
2013-2014 Regular Sessions
IN SENATE
May 7, 2013
___________
Introduced by Sens. ZELDIN, LARKIN, MARCHIONE, MAZIARZ -- read twice and
ordered printed, and when printed to be committed to the Committee on
Consumer Protection -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the general business law, in relation to counterfeit and
non-functional airbags
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be referred to as the
2 "counterfeit airbag prevention act."
3 § 2. The general business law is amended by adding a new section 349-e
4 to read as follows:
5 § 349-e. Counterfeit and non-functional airbags. 1. As used in this
6 section:
7 (a) "Airbag" shall mean any component of an inflatable restraint
8 system, as such term is defined in section one hundred nineteen-b of the
9 vehicle and traffic law, and that is designed for the specific make,
10 model, and year of the motor vehicle to be installed and to operate in
11 the event of a crash. Airbag components include but are not limited to
12 the cover, sensors, controllers, inflator, wiring, and the airbag
13 itself.
14 (b) "Counterfeit airbag" shall mean an airbag that bears, without
15 authorization, a mark identical with, or substantially similar to, the
16 genuine mark of the manufacturer of such motor vehicle.
17 (c) "Non-functional airbag" shall mean a replacement airbag that has
18 been previously deployed or damaged, or that has an electrical fault
19 that is detected by the readiness indicator light, as such term is
20 defined in section one hundred nineteen-b of the vehicle and traffic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10779-03-3
S. 5037--B 2
1 law, after the installation procedure is completed. "Non-functional
2 airbag" shall also mean any object, including a counterfeit or repaired
3 airbag component installed to deceive the vehicle owner or operator into
4 believing a functional airbag is installed.
5 (d) "Person" shall mean any person, partnership, firm, corporation,
6 company, trust, association, or any agent or employee thereof.
7 2. (a) It shall be unlawful for any person to knowingly:
8 (i) make, offer to distribute or distribute, offer to sell or sell a
9 counterfeit or a non-functional airbag;
10 (ii) install or reinstall a counterfeit airbag or a non-functional
11 airbag in any motor vehicle, as that term is defined in section one
12 hundred twenty-five of the vehicle and traffic law;
13 (iii) offer to distribute or distribute, offer to sell or sell,
14 install or reinstall a counterfeit or non-functional airbag so that the
15 readiness indicator light, as such term is defined in section one
16 hundred nineteen-b of the vehicle and traffic law, falsely displays that
17 the airbag is in proper working order; or
18 (iv) represent to another person that a counterfeit airbag or a non-
19 functional airbag installed or reinstalled in a motor vehicle is an
20 airbag.
21 (b) Any person who violates any provision of this subdivision is guil-
22 ty of a class A misdemeanor punishable as provided for in the penal law.
23 3. Whenever there shall be a violation of this section involving twen-
24 ty-five or more counterfeit and/or non-functional airbags, or any second
25 or subsequent violation of subdivision two of this section, application
26 may be made by the attorney general in the name of the people of the
27 state of New York to a court or justice having jurisdiction by a special
28 proceeding to issue an injunction, and upon notice to the defendant of
29 not less than five days, to enjoin and restrain the continuance of such
30 violation; and if it shall appear to the satisfaction of the court or
31 justice that the defendant has, in fact, violated this section, an
32 injunction may be issued by such court or justice, enjoining and
33 restraining any further violation, without requiring proof that any
34 person has, in fact, been injured or damaged thereby. In connection with
35 any such proposed application, the attorney general is authorized to
36 take proof and make a determination of the relevant facts and to issue
37 subpoenas in accordance with the civil practice law and rules. Any
38 person who violates this section and such violation involves twenty-five
39 or more counterfeit and/or non-functional airbags, or a second or subse-
40 quent violation of subdivision two of this section shall be subject to a
41 civil penalty of not more than one thousand dollars for each violation.
42 No person shall be deemed to have violated the provisions of this
43 section if such person, shows, by a preponderance of the evidence, that
44 the violation was not intentional and resulted from a bona fide error
45 made notwithstanding the maintenance of procedures reasonably adopted to
46 avoid such error.
47 § 3. This act shall take effect on the first of November next succeed-
48 ing the date on which it shall have become a law.
