Bill Text: NY S05037 | 2013-2014 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2013-06-20 - SUBSTITUTED BY A6378B [S05037 Detail]
Download: New_York-2013-S05037-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5037--B Cal. No. 622 2013-2014 Regular Sessions I N S E N A T E 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 S 2. The general business law is amended by adding a new section 349-e 4 to read as follows: 5 S 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 19 NON-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 S 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.