Bill Text: MS HB1425 | 2014 | Regular Session | Introduced
Bill Title: Crimes; prohibit installing or selling counterfeit airbags.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2014-02-04 - Died In Committee [HB1425 Detail]
Download: Mississippi-2014-HB1425-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Moak
House Bill 1425
AN ACT TO PROHIBIT MANUFACTURING, IMPORTING, INSTALLING, REINSTALLING, SELLING OR OFFERING FOR SALE A NONFUNCTIONAL OR COUNTERFEIT AIRBAG; TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 75-24-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A VIOLATION OF THIS ACT IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Air bag" means a motor vehicle inflatable occupant restraint system, including all component parts, such as the cover, sensors, controllers, inflators and wiring, that (i) operates in the event of a crash, and (ii) is designed in accordance with federal motor vehicle safety standards for the specific make, model and year of the motor vehicle in which it is or will be installed.
(b) "Counterfeit air bag" means a motor vehicle inflatable occupant restraint system, including all component parts, such as the cover, sensors, controllers, inflators and wiring, displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from such manufacturer.
(c) "Nonfunctional airbag" means a replacement motor vehicle inflatable occupant restraint system, including all component parts, such as the cover, sensors, controllers, inflators and wiring, that (i) was previously deployed or damaged, (ii) has an electric fault that is detected by the vehicle airbag diagnostic system after the installation procedure is completed, or (iii) includes any part or object, including, but not limited to, a counterfeit or repaired airbag cover, installed in a motor vehicle to mislead the owner or operator of such motor vehicle into believing that a functional airbag has been installed.
(2) (a) No person shall manufacture, import, install, reinstall, sell or offer for sale any device with the intent that such device replace an air bag in any motor vehicle if such person knows or reasonably should know that such device is a counterfeit air bag, a nonfunctional air bag or does not meet federal safety requirements as provided in 49 CFR 571.208.
(b) No person shall sell or install or reinstall in any vehicle any device that causes such vehicle's diagnostic system to inaccurately indicate that such vehicle is equipped with a functional air bag when a counterfeit air bag, a nonfunctional air bag or no air bag is installed.
(3) A violation of subsection (2) (a) or (b) of this section shall be deemed an unfair or deceptive trade practice under Section 75-24-5. Each manufacture, importation, installation, reinstallation, sale or offer for sale shall constitute a separate and distinct violation.
(4) Any person who violates subsection (2) (a) or (b) of this section shall be guilty of a felony and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or imprisoned for not more than three (3) years in the custody of the Department of Corrections, or both.
SECTION 2. Section 75-24-5, Mississippi Code of 1972, is amended as follows:
75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.
(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:
(a) Passing off goods or services as those of another;
(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;
(c) Misrepresentation of affiliation, connection, or association with, or certification by another;
(d) Misrepresentation of designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;
(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;
(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;
(m) Charging an
increased premium for reinstating a motor vehicle insurance policy that was
cancelled or suspended by the insured solely for the reason that he was
transferred out of this state while serving in the United States Armed Forces
or on active duty in the National Guard or United States Armed Forces Reserve.
It is also an unfair practice for an insurer to charge an increased premium for
a new motor vehicle insurance policy if the applicant for coverage or his covered
dependents were previously insured with a different insurer and canceled that
policy solely for the reason that he was transferred out of this state while
serving in the United States Armed Forces or on active duty in the National
Guard or United States Armed Forces Reserve. For purposes of determining
premiums, an insurer shall consider such persons as having maintained
continuous coverage. The provisions of this paragraph (m) shall apply only to
such instances when the insured does not drive the vehicle during the period of
cancellation or suspension of his policy * * *;
(n) Manufacturing, importing, installing, reinstalling, selling or offering for sale a nonfunctional or counterfeit airbag as prohibited in Section 1 of House Bill No.____, 2014 Regular Session.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
