HOUSE BILL REPORT
SSB 6160
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
As Reported by House Committee On:
Public Safety
Title: An act relating to the manufacture, sale, distribution, and installation of motor vehicle air bags.
Brief Description: Regulating the manufacture, sale, distribution, and installation of motor vehicle air bags.
Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators O'Ban, Frockt, Fain, Hobbs, Nelson, Rolfes, Conway and Becker).
Brief History:
Committee Activity:
Public Safety: 2/19/16, 2/23/16 [DPA].
Brief Summary of Substitute Bill (As Amended by Committee) |
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HOUSE COMMITTEE ON PUBLIC SAFETY |
Majority Report: Do pass as amended. Signed by 9 members: Representatives Goodman, Chair; Orwall, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton, Griffey, Moscoso, Pettigrew and Wilson.
Staff: Kelly Leonard (786-7147).
Background:
Air Bags. An "air bag" is defined as an inflatable restraint system or portion of an inflatable restraint system installed in a motor vehicle. If an air bag from a previously deployed inflatable restraint system is replaced by either a new air bag or a nondeployed salvage air bag, the air bag must conform to the original equipment manufacturer requirements. The installer must verify that the self-diagnostic system for the inflatable restraint system indicates that the entire inflatable restraint system is operating properly.
It is a gross misdemeanor for a person to install, reinstall, or distribute an air bag for compensation he or she knows or reasonably should know is a previously deployed air bag.
Classification of Crimes and Sentencing. Crimes are classified as misdemeanors, gross misdemeanors, or felonies (of which there are class A, B, and C felonies). While there are exceptions, the classification of a crime generally determines the maximum term of confinement and/or fine for an offense. For each classification, the maximum terms of confinement and maximum fines are as follows:
Classification | Maximum Confinement | Maximum Fine |
Misdemeanor | 90 days | $1,000 |
Gross Misdemeanor | 364 days | $5,000 |
Class C Felony | 5 years | $10,000 |
Class B Felony | 10 years | $20,000 |
Class A Felony | Life | $50,000 |
When a person is convicted of a felony, the Sentencing Reform Act (SRA) applies and determines a specific range of sentence within the statutory maximum. Under the SRA, sentences for felony offenses are determined by reference to a sentencing grid. The sentencing grid provides a standard range of months for the sentence, based on both the severity, or "seriousness level," of the offense and the convicted person's "offender score," which is based on the offender's criminal history.
The Consumer Protection Act. The Consumer Protection Act (CPA) prohibits unfair or deceptive trade practices. A private person or the Attorney General may bring a civil action to enforce the provisions of the CPA. A person or entity found to have violated the CPA is subject to treble damages and attorney's fees.
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Summary of Amended Bill:
Definitions. The definition of "air bag" is modified. An air bag is an inflatable restraint system or portion of an inflatable restraint system including, but not limited to, the cushion material, cover, sensors, controllers, inflators, and wiring that operates in the event of a crash and 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.
"Counterfeit air bag" means a replacement motor vehicle inflatable occupant restraint system, including all component parts including, but not limited to, the cushion material, cover, sensors, controllers, inflators, and wiring displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer without authorization from the manufacturer.
"Nonfunctional air bag" means a replacement motor vehicle inflatable occupant restraint system, including all component parts including, but not limited to, the cushion material, cover, sensors, controllers, inflators, and wiring which: was previously deployed or damaged; has an electric fault that is detected by the vehicle air bag diagnostic system after the installation procedure is completed; or includes any part or object including, but not limited to, a counterfeit or repaired air bag cover installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional air bag has been installed.
The definition of "nondeployed salvage air bag" is modified to include a portion of an inflatable restraint system that has not been previously activated or inflated as a result of a collision or other incident.
Crimes Involving Air Bags. The crime of installing, reinstalling, or distributing previously deployed air bags is expanded and increased to a class C felony. A person is guilty of the offense if he or she, with criminal negligence, manufactures, imports, sells, offers for sale, installs, or reinstalls a device in a vehicle for compensation, distributes as an auto part, or replaces a motor vehicle air bag that is: a counterfeit air bag; a nonfunctional air bag; a previously deployed or damaged air bag; or an air bag which does not otherwise meet all applicable federal safety standards for an air bag. The crime does not apply to nondeployed salvage air bags meeting the current statutory requirements for installation.
It is a class C felony offense for a person to sell, install, or reinstall a device that causes a vehicle's diagnostic system to inaccurately indicate that the vehicle is equipped with a functional air bag when a counterfeit air bag, a nonfunctional air bag, or no air bag is installed. The crime does not apply to nondeployed salvage air bags meeting current statutory requirements for installation.
If a person fails to install an air bag according to current statutory requirements, including complying with the original equipment manufacturer requirements and verifying the inflatable restraint system is operating properly, then he or she is guilty of a class C felony.
All three offenses are ranked as seriousness level VII offenses if bodily injury or death results and V in all other circumstances.
The Consumer Protection Act. Committing a crime involving air bags constitutes an unreasonable act, unfair and deceptive act in trade or commerce, and an unfair method of competition for the purpose of applying the Consumer Protection Act.
Amended Bill Compared to Substitute Bill:
The definition of "nondeployed salvage air bag" is modified to include a portion of an inflatable restraint system that has not been previously activated or inflated as a result of a collision or other incident, thereby excluding the installation of those parts from the crimes in the bill involving the sale and installation of air bags not meeting certain standards.
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Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:
(In support) Twelve bills have been passed around the country relating to air bags. This bill is important to Honda and several other automobile companies. The facts that are driving this bill are due to counterfeit air bags that are entering Washington. Federal law enforcement on counterfeit laws depend on trademark violations. Although some of the enforcement laws have been successful, they are limited in scope because they require the use of a trademark.
It is also important to provide Washington with additional enforcement authority to not only focus on the importing of counterfeit air bags that are coming into the state that violate trademark violations but also focus on the manufacture, sale, and installation of nonfunctioning air bags.
Vehicle recyclers sell used undeployed air bags and they also support the current version of the bill.
(Opposed) None.
(Other) Metal recyclers often remove various pieces of an old car and sell the individual pieces to people that use them as replacement parts. A technical amendment to the bill is needed to ensure the protection for salvage is complete. The bill as currently drafted is unclear as to whether an entire system is deemed to have been deployed if any portion of the system is deployed. This issue can be fixed by adding a few words to the definition of "nondeployed salvage air bag" so that the definition is consistent with the definition of previously deployed air bag and an air bag in general.
There is also concern that the bill goes too far in penalizing mistaken or inadvertent action. The standard in the bill is criminal negligence and it is believed that it should be moved to the reckless standard. Criminal negligence is a failure to be aware of a substantial risk and recklessness is when a person knows of and disregards a substantial risk. The Washington Defender Association wants to make sure that mechanics are not caught up in a felony offense but instead penalize those that have the actual knowledge and does the act anyway.
Persons Testifying: (In support) Tom McBride, Honda North America; and Gary Smith, Independent Business Association.
(Other) Brad Tower, Schnitzer; and Bob Cooper, Washington Defender Association and Washington Association of Criminal Defense Lawyers.
Persons Signed In To Testify But Not Testifying: None.