SB163 Alabama 2014 Session

Under existing law, a person commits the offense of fraudulent repair of an airbag if, after an airbag has deployed in a motor vehicle, he or she installs a new airbag that the person knew was not designed in accordance with applicable federal standards or installs a used airbag in a motor vehicle and fails to disclose to the owner that a used airbag was installed.

This bill would rename this offense "airbag fraud" and would provide criminal penalties for selling, installing, or reinstalling a device in a motor vehicle that causes the vehicle's diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag or selling a motor vehicle with a counterfeit airbag, a nonfunctional airbag, or no airbag with the intent to deceive the purchaser.

This bill would also provide enhanced criminal penalties if the airbag fraud caused physical injury to a person.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

To amend Section 13A-11-270, Code of Alabama 1975; to provide criminal penalties for selling, installing, or reinstalling a device in a motor vehicle that causes the vehicle's diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag; to provide criminal penalties for selling a motor vehicle with a counterfeit airbag, a nonfunctional airbag, or no airbag with the intent to deceive the purchaser; to provide enhanced criminal penalties for committing airbag fraud that causes physical injury; to repeal Section 13A-11-271, Code of Alabama 1975, relating to the fraudulent sale of a motor vehicle without an airbag; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.