BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2387|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
CONSENT
Bill No: AB 2387
Author: Mullin (D), et al.
Amended: 6/15/16 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/14/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, Wieckowski
SENATE JUDICIARY COMMITTEE: 7-0, 6/28/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/12/16 - See last page for vote
SUBJECT: Vehicle equipment: supplemental restraint system
components and nonfunctional airbags
SOURCE: Author
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:
AB 2387
Page 2
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:
1)Prohibits 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)Prohibits against knowingly and intentionally selling or
installing any device that causes the vehicle's diagnostic
systems to fail to warn when the vehicle is equipped with a
counterfeit supplemental restraint system component or
nonfunctional airbag.
3)Provides that violation of 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 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.
AB 2387
Page 3
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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/1/16)
Auto Alliance
Automobile Association of Southern California
AB 2387
Page 4
Automobile Club of Southern California
California Association of Highway Patrolmen
California Professional Firefighters
Coalition Against Insurance Fraud
Ford
Global Automakers
Honda
Los Angeles County District Attorney
Peace Officers Research Association of California
OPPOSITION: (Verified8/1/16)
California Public Defenders Association
ASSEMBLY FLOOR: 78-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer
Prepared by: Randy Chinn / T. & H. / (916) 651-4121
8/3/16 19:33:37
**** END ****
AB 2387
Page 5