BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 2387 Hearing Date: 6/14/2016
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|Author: |Mullin |
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|Version: |6/2/2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Randy Chinn |
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SUBJECT: Vehicle equipment: supplemental restraint system
components and nonfunctional airbags
DIGEST: This bill makes it a crime to sell or install a
counterfeit airbag or sell or install any device which causes
the vehicle's diagnostic system to fail to warn when the vehicle
is equipped with a counterfeit airbag.
ANALYSIS:
Existing law:
1)Prohibits tampering with a vehicle's computer system or
supplemental restraint system to falsely indicate the systems
are in working order
2)Prohibits selling a previously deployed air bag that no longer
functions as originally intended.
This bill replaces current law with:
1)A prohibition against knowingly and intentionally
manufacturing, importing, installing, distributing, and
selling any device intended to replace a supplemental
restraint system component (e.g., airbag) if the device is
counterfeit or a nonfunctional airbag or does not meet
applicable federal safety requirements.
2)A prohibition against knowingly and intentionally selling or
installing any device that causes the vehicle's diagnostic
AB 2387 (Mullin) Page 2 of ?
systems to fail to warn when the vehicle is equipped with a
counterfeit supplemental restraint system component or
nonfunctional airbag.
Violating these prohibitions is a misdemeanor punishable by a
fine of up to $5,000 or by imprisonment in a county jail for up
to one year, or both.
COMMENTS:
1)Purpose. AB 2387 is a consumer protection measure. It
strengthens existing laws aimed at deterring the fraudulent
distribution and installation of counterfeit airbags by more
clearly defining key terms and increasing the penalty for
knowingly exposing the public to this potentially deadly
hazard.
2)Huge problem. Airbags are an essential component of modern
vehicle safety systems, helping ensure that the occupants'
heads and upper bodies do not strike the vehicle interior in a
crash. Beginning in 2008, airbags made by Takata were
recalled because of concerns that airbag deployment could
injure the car occupants. Originally limited to Honda, the
recall was expanded to 14 car manufacturers and as many as
68.8 million airbags in what the National Highway Traffic
Safety Administration (NHTSA) called the largest and most
complex safety recall in history. As these airbags are
replaced, problems have arisen with the use of counterfeit
airbags which don't provide adequate protection. In October
2012, the NHTSA issued an advisory warning about the dangers
of counterfeit airbags.
3)Other states leading. The problem of counterfeit airbags has
led 10 states to enact legislation to prohibit the use of
counterfeit airbags, including Ohio, Texas, New York, and
Florida. The Council of State Governments proposed model
legislation to make it a crime to manufacture, import, or
install a nonfunctional or counterfeit airbag.
4)Closing a loophole. This bill closes a loophole in current
law which does not address counterfeit airbags. Recent
reports indicate that several car manufacturers sell new cars
with recalled airbags. That circumstance is not addressed in
this bill.
AB 2387 (Mullin) Page 3 of ?
5)Double-referral. This bill has been double referred to the
Senate Judiciary Committee.
Related Legislation:
AB 1854 (Brownley, Chapter 97, Statutes of 2012) - prohibits:
a) Tampering with a vehicle's computer system or
supplemental restraint system to falsely indicate the
systems are in working order
b) Selling a previously deployed air bag that no longer
functions as originally intended.
Assembly Votes
Floor: 78-0
Appr: 19-0
P. & C.P: 11-0
Pub. S.: 7-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 8, 2016.)
SUPPORT:
Auto Alliance
Automobile Club of Southern California
Automobile Association of Southern California
California Association of Highway Patrolmen
California Professional Firefighters
Coalition Against Insurance Fraud
Ford
Global Automakers
Honda
Los Angeles County District Attorney
OPPOSITION:
None received
AB 2387 (Mullin) Page 4 of ?
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