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Minutes for SB106 - Committee on Transportation
Short Title
Prohibiting the manufacture, importation, distribution, sale, offer for sale, installation or reinstallation of a counterfeit supplemental restraint system component or nonfunctional airbag and providing for criminal penalties for violation thereof.
Minutes Content for Thu, Feb 2, 2023
The Chair opened the hearing on SB106.
Assistant Revisor Adam Siebers briefed the Committee on the bill . He explained that the bill prohibits the manufacturing, importing, distributing, selling, or installing a device intended to replace a supplemental restraint system component. Violators would be guilty of a Class A nonperson misdemeanor (Attachment 1).
Craig Orlan, Director of State and Local Governmental Affairs, American Honda Motor Company, testified as a proponent for the bill (Attachment 2). He cited instances of injuries and fatalities from accidents where counterfeit air bags left drivers unprotected. He reported that most of these substitute products originate in China and are installed by unscrupulous repair shops. Because of limitations in federal statutes, Honda is working with other stakeholders to implement protections in each state; to date 30 states have enacted laws similar to SB106.
Mr. Orlan responded to members' questions:
- Legal air-bag replacements are done by original-equipment manufacturers.
- This bill will fill the gaps in federal law and offer a helpful resource for law enforcement.
- The Class A penalty is suitable for this offense.
- Counterfeit air-bag installations occur nationwide.
The Chairman referenced the following written-only proponents:
- Don McNeely, President, Kansas Automobile Association (Attachment 3);
- Matthew Smith, Executive Director, Coalition Against Insurance Fraud (Attachment 4);
- William "Andy" Forsythe, President, A2C2 (Automotive Anti-Counterfeiting Council) (Attachment 5); and
- Nick Steingart, Director of State Affairs, Auto Innovators(Attachment 6).
The Chairman adjourned the meeting at 8:45 a.m. The next scheduled meeting is Tuesday, February 7, 2023.
