Read the full stored bill text
SB0017A -1- SB 17
New Text Underlined [DELETED TEXT BRACKETED]
34-LS0183\A
SENATE BILL NO. 17
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY SENATOR CLAMAN
Introduced: 1/22/25
Referred: Labor and Commerce, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act establishing the crime of airbag fraud." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 28.35 is amended by adding a new section to read: 3
Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud 4
if the person 5
(1) knowingly sells, offers for sale, imports, installs, or reinstalls 6
(A) a replacement airbag that does not comply with federal 7
safety regulations specific to the vehicle's make, model, and year; 8
(B) an airbag that is counterfeit or nonfunctioning; or 9
(C) a part or device that is intended to conceal a counterfeit or 10
nonfunctioning airbag; 11
(2) knowingly manufactures 12
(A) a counterfeit or nonfunctioning airbag; or 13
(B) a part or device that is intended to conceal a counterfeit or 14
nonfunctioning airbag; or 15
34-LS0183\A
SB 17 -2- SB0017A
New Text Underlined [DELETED TEXT BRACKETED]
(3) intentionally sells, leases, or trades or offers for sale, lease, or trade 1
a vehicle that the person knows has 2
(A) a replacement airbag that does not comply with federal 3
safety regulations specific to the vehicle's make, model, and year; or 4
(B) a counterfeit or nonfunctioning airbag. 5
(b) This section does not apply to 6
(1) a person installing, reinstalling, or replacing an airbag on a vehicle 7
used solely for police work; 8
(2) an owner or employee of a m otor vehicle dealership or the owner 9
of a vehicle who, before the sale of the vehicle, does not have knowledge that the 10
vehicle's airbag is counterfeit or nonfunctioning; 11
(3) a person who transfers a vehicle title to an insurance com pany to 12
satisfy an insurance claim when the insurance company declares the vehicle to be an 13
actual total loss or constructive total loss; or 14
(4) an insurance company that sells or otherwise disposes of a vehicle 15
as authorized by law or regulation. 16
(c) This section does not 17
(1) preclude liability of any party in a civil action; or 18
(2) create a duty that, before the sale of a vehicle, an owner o r 19
employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 20
the possession of the dealership or owner to determine whether the airbag is 21
counterfeit or nonfunctioning. 22
(d) In this section, 23
(1) "airbag" includes an airbag component; 24
(2) "counterfeit" means a replacement airbag displaying an 25
unauthorized mark that is identical, or substantially similar, to the genuine mark of a 26
motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 27
(3) "nonfunctioning" means a replacement airbag that is inoper able, 28
damaged, or recalled, has previously been deployed, will cause a vehicle's diagnostic 29
system to inaccurately indicate that the vehicle is equipped with a properly functioning 30
airbag, or results in an electric fault detected by a vehicle's diagnostic system after the 31
34-LS0183\A
SB0017A -3- SB 17
New Text Underlined [DELETED TEXT BRACKETED]
installation procedure is complete; 1
(4) "recalled" means an airbag that was removed from a vehicle 2
because a manufacturer or federal agency determined the airbag created an 3
unreasonable safety risk or did not meet minimum safety standar ds and that federal 4
law has not exempted from reinstallation. 5
(e) Airbag fraud is 6
(1) a class A misdemeanor; or 7
( 2 ) a c l a s s C f e l o n y i f d e a t h o r s e r i o u s p h y s i c a l i n j u r y t o a nother 8
person results from 9
(A) the manufacture, sale, importation, installation, or 10
reinstallation of a replacement a irbag that does not comply wit h federal safety 11
regulations specific to the vehicle's make, model, and year or a counterfeit or 12
nonfunctioning airbag; or 13
(B) the sale, lease, or trade of a vehicle that has a replacem ent 14
airbag that does not comply with federal safety regulations spe cific to the 15
vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 16