As Reported by the Senate Transportation Committee

130th General Assembly
Regular Session
2013-2014
Am. H. B. No. 177


Representative Pelanda 

Cosponsors: Representatives Duffey, Buchy, Cera, Reece, Patmon, Mallory, Beck, Ruhl, Celebrezze, Hagan, R., Milkovich, Perales, Adams, R., Anielski, Antonio, Baker, Barnes, Blair, Blessing, Boose, Brown, Budish, Butler, Carney, Conditt, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Driehaus, Fedor, Gerberry, Gonzales, Grossman, Hackett, Hagan, C., Hall, Heard, Hill, Hottinger, Huffman, Johnson, Kunze, Landis, Letson, McClain, McGregor, O'Brien, Patterson, Rogers, Romanchuk, Sears, Slaby, Smith, Sprague, Stebelton, Stinziano, Strahorn, Terhar, Williams, Winburn Speaker Batchelder 

Senators Manning, Gardner 

A BILL
To amend section 4549.20 of the Revised Code to 1
prohibit the manufacture, import, or sale of a 2
counterfeit or nonfunctional motor vehicle air 3
bag, to prohibit the sale, installation, or 4
reinstallation of a device in a motor vehicle that 5
causes the vehicle's diagnostic system to 6
inaccurately indicate that the vehicle is equipped 7
with a functional air bag, and to increase the 8
penalty for improper replacement of a motor 9
vehicle air bag if the violation results in 10
serious physical harm to an individual.11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4549.20 of the Revised Code be 12
amended to read as follows:13

       Sec. 4549.20.  (A) As used in this section, "air:14

       (1) "Air bag" has the same meaning as in 49 C.F.R. 579.4, as 15
amended.16

       (2) "Counterfeit air bag" means an air bag displaying a mark 17
identical or similar to the genuine mark of a motor vehicle 18
manufacturer, without the authorization of the motor vehicle 19
manufacturer.20

        (3) "Nonfunctional air bag" means any of the following:21

        (a) A replacement air bag that has been previously deployed 22
or damaged;23

        (b) A replacement air bag that has an electrical fault that 24
is detected by the air bag diagnostic system of a vehicle after 25
the air bag is installed;26

        (c) A counterfeit air bag, air bag cover, or some other 27
object that is installed in a vehicle to deceive an owner or 28
operator of the vehicle into believing that a functional air bag 29
has been installed. 30

       (B) No person shall install or reinstall in any motor vehicle 31
a counterfeit or nonfunctional air bag or any object intended to 32
fulfill the function of an air bag, including an air bag, other 33
than an air bag that was designed in conformance with or that is 34
regulated by federal motor vehicle safety standard number 208 for 35
the make, model, and model year of the vehicle, knowing that the 36
object is not in accordance with that standard.37

       (C) WhoeverNo person shall knowingly manufacture, import, 38
sell, or offer for sale any of the following:39

       (1) A counterfeit air bag;40

       (2) A nonfunctional air bag;41

       (3) Any other object that is intended to be installed in a 42
motor vehicle to fulfill the function of an air bag and that is 43
not in conformance with federal motor vehicle safety standard 44
number 208 for the make, model, and model year of the vehicle in 45
which the object is intended to be installed.46

        (D) No person shall knowingly sell, install, or reinstall a 47
device in a motor vehicle that causes the diagnostic system of a 48
vehicle to inaccurately indicate that the vehicle is equipped with 49
a functional air bag.50

       (E) (1) Whoever violates division (B) or (D) of this section 51
is guilty of improper replacement of a motor vehicle air bag, a 52
misdemeanor of the first degree on a first offense. On each 53
subsequent offense, or if the violation results in serious 54
physical harm to an individual, the person is guilty of a felony 55
of the fifth degree.56

       (2) A violation of division (C) of this section is a felony 57
of the fifth degree except as provided as follows:58

       (a) If the cumulative sales price of the air bags or objects 59
involved in the violation of division (C) of this section is five 60
thousand dollars or more but less than one hundred thousand 61
dollars or if the number of air bags or objects involved in the 62
violation of division (C) of this section is more than one hundred 63
but less than one thousand, a violation of division (C) of this 64
section is a felony of the fourth degree. 65

       (b) If the cumulative sales price of the air bags or objects 66
involved in the violation of division (C) of this section is one 67
hundred thousand dollars or more or if the number of air bags or 68
objects involved in the violation of division (C) of this section 69
is one thousand or more, a violation of division (C) of this 70
section is a felony of the third degree.71

       (3) Each manufacture, importation, installation, 72
reinstallation, sale, or offer for sale in violation of this 73
section shall constitute a separate and distinct violation.74

       Section 2. That existing section 4549.20 of the Revised Code 75
is hereby repealed.76