S*1015(Rat #0295, Act #0271 of 2016)  General Bill, By Leatherman and Johnson
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-13-165 SO AS TO MAKE UNLAWFUL CERTAIN ACTIONS INVOLVING COUNTERFEIT OR
 NONFUNCTIONAL AIRBAGS. - ratified title

   01/21/16  Senate Introduced and read first time (Senate Journal-page 5)
   01/21/16  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 5)
   02/25/16  Senate Referred to Subcommittee: Gregory (ch), Malloy, Turner
   04/13/16  Senate Committee report: Favorable with amendment
                     Judiciary (Senate Journal-page 16)
   04/14/16         Scrivener's error corrected
   04/21/16  Senate Committee Amendment Adopted (Senate Journal-page 51)
   04/21/16  Senate Read second time (Senate Journal-page 51)
   04/26/16  Senate Read third time and sent to House
                     (Senate Journal-page 22)
   04/26/16  Senate Roll call Ayes-41  Nays-1 (Senate Journal-page 22)
   04/27/16  House  Introduced and read first time (House Journal-page 5)
   04/27/16  House  Referred to Committee on Judiciary
                     (House Journal-page 5)
   05/24/16  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 8)
   05/31/16  House  Debate adjourned until Wed., 6-1-16
                     (House Journal-page 13)
   06/01/16  House  Amended (House Journal-page 64)
   06/01/16  House  Read second time (House Journal-page 64)
   06/01/16  House  Roll call Yeas-100  Nays-1 (House Journal-page 64)
   06/02/16  House  Read third time and returned to Senate with
                     amendments (House Journal-page 4)
   06/02/16  Senate Non-concurrence in House amendment
                     (Senate Journal-page 35)
   06/02/16  House  House recedes from amendment(s) (House Journal-page 62)
   06/02/16  Senate Ordered enrolled for ratification
                     (Senate Journal-page 35)
   06/06/16         Ratified R 295
   06/09/16         Signed By Governor
   06/16/16         Effective date 06/09/16
   06/17/16         Act No. 271

(A271, R295, S1015)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-165 SO AS TO MAKE UNLAWFUL CERTAIN ACTIONS INVOLVING COUNTERFEIT OR NONFUNCTIONAL AIRBAGS.

Be it enacted by the General Assembly of the State of South Carolina:

Unlawful actions involving counterfeit or nonfunctional airbags

SECTION    1.    Article 1, Chapter 13, Title 16 of the 1976 Code is amended by adding:

"Section 16-13-165.    (A)    It is unlawful for a person to:

(1)    knowingly and intentionally import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle, a counterfeit airbag, a nonfunctional airbag, or an object that the person knows was not designed to comply with Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208), as amended, for the make, model, and year of the motor vehicle;

(2)    knowingly and intentionally sell, offer for sale, install, or reinstall in any motor vehicle a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag;

(3)    knowingly and intentionally sell, lease, trade, or transfer a motor vehicle if the person knows that a counterfeit airbag, a nonfunctional airbag, or an object that the person knows was not designed to comply with Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208), as amended, for the make, model, and year of the motor vehicle has been installed as part of the motor vehicle's inflatable restraint system.

(B)(1)    A person who violates the provisions of this section by knowingly and intentionally installing or reinstalling an airbag that is counterfeit, nonfunctional, does not comply with the federal regulations described in subsection (A), or installs or reinstalls a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag is:

(a)    for a first offense, guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned for not more than one year, or both;

(b)    for a second or subsequent offense, guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.

(2)    A person who violates the provisions of this section by knowingly and intentionally importing, manufacturing, selling, or offering to sell, an airbag that is counterfeit, nonfunctional, does not comply with the federal regulations described in subsection (A), or a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag is:

(a)    for a first offense, guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both;

(b)    for a second or subsequent offense, guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both.

(3)    A person who violates the provisions of this section by knowingly and intentionally selling, leasing, trading, or transferring a motor vehicle when the person knows that the motor vehicle contains an airbag that is counterfeit, nonfunctional, or does not comply with the federal regulations described in subsection (A), is:

(a)    for a first offense, guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both;

(b)    for a second or subsequent offense, guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both.

(4)    A person whose violation of subsection (B)(2) or (B)(3) results in great bodily harm or death is:

(a)    for a first offense, guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned for not more than ten years, or both;

(b)    for a second or subsequent offense, guilty of a felony and, upon conviction, must be fined not more than one hundred thousand dollars or imprisoned for not more than twenty years, or both.

(5)    Persons other than individuals who violate the provisions of subsection (A) are:

(a)    for a first offense, guilty of a felony and, upon conviction, must be fined not more than one million dollars or imprisoned subject to the discretion of the judge, or both;

(b)    for a second or subsequent offense, guilty of a felony and, upon conviction, must be fined not more than ten million dollars or imprisoned subject to the discretion of the judge, or both.

(C)    For purposes of this section:

(1)    'Airbag' means 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 (a) operates in the event of a crash, and (b) is designed in accordance with federal motor vehicle safety standards for the make, model, and year of the motor vehicle in which it is or will be installed.

(2)    'Counterfeit airbag' means an airbag that bears without authorization a mark identical or substantially similar to the genuine mark of the manufacturer of a motor vehicle or a supplier of parts to the manufacturer of a motor vehicle.

(3)    'Nonfunctional airbag' means a replacement airbag that has been previously deployed or damaged or that has an electrical fault that is detected by the vehicle diagnostic system after the installation procedure is completed. A nonfunctional airbag also includes any object, including a counterfeit or repaired airbag, airbag component, or other component intended to deceive a vehicle owner or operator into believing that it is a functional airbag.

(4)    'Person' or 'persons' means an individual, a group of individuals, whether incorporated or not, a corporation, a company, an association, an organization, a partnership, or any other form of legal entity."

Savings

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 6th day of June, 2016.

Approved the 9th day of June, 2016.