House Bill 1092

(As Sent to Governor)

AN ACT TO AMEND SECTION 63-7-62, MISSISSIPPI CODE OF 1972, TO ESTABLISH STANDARDS REGARDING THE INSTALLATION OF AUTOMOBILE AIRBAGS AND SUPPLEMENTAL RESTRAINT SYSTEMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-7-62, Mississippi Code of 1972, is amended as follows:

63-7-62. (1) As used in this section, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:

(a) "Airbag" means an inflatable restraint device for occupants of motor vehicles which is part of an automobile supplemental restraint system.

(b) "Automobile supplemental restraint system" means a passive inflatable crash protection system that a vehicle manufacturer designs to protect automobile occupants in conjunction with a seat belt assembly, as defined in 49 CFR 571.209, and which has one or more airbags and all components required to ensure that each airbag:

(i) Operates as designed in a crash; and

(ii) Meets federal motor vehicle safety standards for the specific make, model and year of manufacture of the vehicle in which the airbag is installed.

(c) "Counterfeit automobile supplemental restraint system component" means a replacement component, including an airbag, that without the authorization of a manufacturer, or a person who supplies parts to the manufacturer, displays a trademark that is identical or substantially similar to the manufacturer's or supplier's genuine trademark.

(d) "Nonfunctional airbag" means a replacement airbag that:

(i) Was previously deployed or damaged;

(ii) Has a fault that a motor vehicle's diagnostic systems detect once the airbag is installed;

(iii) May not be sold or leased under 49 USC 30120(j); or

(iv) Includes a counterfeit automobile supplemental restraint system component or other part or object that is installed for the purpose of misleading a motor vehicle owner or operator into believing that a functional airbag is installed.

"Nonfunctional airbag" does not include a salvaged airbag, or an airbag that is installed in a motor vehicle: that has been declared a total loss or is otherwise a totaled vehicle; or for which the owner was issued a salvage title certificate or a similar title from another state.

(e) "Salvaged airbag" means an original equipment manufacturer nondeployed airbag that has been removed from a motor vehicle for use in another motor vehicle.

(2) A person may not knowingly or intentionally:

(a) Manufacture, import, distribute, offer for sale, sell or lease or otherwise transfer, or install or reinstall into a motor vehicle a counterfeit automobile supplemental restraint system component, a nonfunctional airbag, or an object that replaces an automobile supplemental restraint system component which does not comply with Standard No. 208, 49 CFR 571.208, for the make, model and year of the motor vehicle; or

(b) Install or reinstall as part of an automobile supplemental restraint system any object, component, part or device that causes a motor vehicle's diagnostic system to fail to warn the motor vehicle operator that an airbag is not installed or that a counterfeit automobile supplemental restraint system component or nonfunctional airbag is installed in the motor vehicle.

(c) For purposes of paragraph (b) of this subsection, the time when an installation of a counterfeit automobile supplemental restraint system component, a nonfunctional airbag, or an object that replaces an automobile supplemental restraint system component which does not comply with Standard No. 208, 49 CFR 571.208, for the make, model and year of the motor vehicle occurs is when the installation work is complete and the earlier of these two (2) conditions occurs:

(i) The motor vehicle is returned to the operator; or

(ii) Title to the motor vehicle is transferred.

(3) Any person who knowingly manufactures, imports, distributes, offers for sale, sells or leases or otherwise transfers, or installs or reinstalls any object in lieu of an airbag * * *~~that was~~ or automobile supplemental restraint system designed in accordance with federal safety regulations for the make, model and year of vehicle, as a part of a vehicle inflatable restraint system, * * *~~shall be~~ is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or both.

(4) For purposes of this section, in the event that a franchised motor vehicle dealer, as defined in Section 63-17-55, or its owners, did not know and should not have reasonably known, that a counterfeit automobile supplemental restraint system component, nonfunctional airbag or other component device has been imported, manufactured, sold, offered for sale, installed or reinstalled in lieu of a supplemental restraint system component at the franchised motor vehicle dealer's place of business or elsewhere, knowledge by any other person shall not be imputed to the franchised motor vehicle dealer or its owners, and the franchised motor vehicle dealer or its owners shall not have any criminal liability under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.