MOTOR VEHICLES – Repeals and adds to existing law to provide for prohibited acts and penalties regarding air bags and air bag systems.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
688
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
MOTOR
VEHICLES;
REPEALING
SECTION
49
-
967,
IDAHO
CODE,
RELATING
2
TO
AIR
BAGS
AND
AIR
BAG
SYSTEMS;
AMENDING
CHAPTER
9,
TITLE
49,
IDAHO
3
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
49
-
967,
IDAHO
CODE,
TO
ESTABLISH
4
PROVISIONS
REGARDING
AIR
BAGS
AND
AIR
BAG
SYSTEMS;
AND
DECLARING
AN
5
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Section
49
-
967
,
Idaho
Code,
be,
and
the
same
is
hereby
8
repealed.
9
SECTION
2.
That
Chapter
9,
Title
49,
Idaho
Code,
be,
and
the
same
is
10
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
1
1
ignated
as
Section
49
-
967,
Idaho
Code,
and
to
read
as
follows:
12
49
-
967.
AIR
BAGS
AND
AIR
BAG
SYSTEMS
-
-
PROHIBITED
ACTS
-
-
PENALTY.
(1)
13
It
shall
be
unlawful
for
any
person
to
knowingly
or
intentionally:
14
(a)
Manufacture,
import,
distribute,
offer
for
sale,
sell,
or
lease,
15
or
install
or
reinstall
into
any
motor
vehicle,
a
counterfeit
automo
-
16
bile
supplemental
restraint
system,
a
nonfunctional
air
bag,
or
other
17
object
that
replaces
an
automobile
supplemental
restraining
component
18
that
fails
to
meet
the
federal
motor
vehicle
safety
standards
as
pro
-
19
vided
in
49
CFR
571.208,
for
the
make,
model,
and
year
of
the
motor
vehi
-
20
cle;
21
(b)
Offer
for
sale,
sell,
lease,
or
otherwise
transfer
ownership
of
22
a
motor
vehicle
with
a
counterfeit
automobile
supplemental
restraint
23
system,
a
nonfunctional
air
bag,
or
other
object
that
replaces
an
au
-
24
tomobile
supplemental
restraining
component
that
fails
to
meet
the
fed
-
25
eral
motor
vehicle
safety
standards
as
provided
in
49
CFR
571.208,
for
26
the
make,
model,
and
year
of
the
motor
vehicle;
or
27
(c)
Install
or
reinstall
any
object,
component,
part,
or
device
as
28
part
of
an
automobile
supplemental
restraint
system
that
causes
a
motor
29
vehicle's
diagnostic
system
to
fail
to
warn
the
motor
vehicle
operator
30
that
an
air
bag
is
not
installed,
a
nonfunctional
air
bag
is
installed,
31
or
a
counterfeit
automobile
supplemental
restraint
system
component
is
32
installed
that
does
not
comply
with
49
CFR
571.208,
for
the
make,
model,
33
and
year
of
the
motor
vehicle.
A
violation
of
this
paragraph
shall
not
34
occur
until
the
installation
work
is
complete
and
one
of
the
following
35
conditions
occurs:
36
(i)
The
motor
vehicle
is
returned
to
the
operator;
or
37
(ii)
The
title
to
the
motor
vehicle
is
transferred.
38
(2)
Any
person
convicted
of
a
violation
of
the
provisions
of
this
sec
-
39
tion
shall
be
guilty
of
a
misdemeanor.
40
(3)
As
used
in
this
section:
41

2
(a)
"Air
bag"
means
an
inflatable
restraint
device
for
occupants
of
a
1
motor
vehicle
that
is
part
of
an
automobile
supplemental
restraint
sys
-
2
tem.
3
(b)
"Automobile
supplemental
restraint
system"
means
a
passive
in
-
4
flatable
crash
protection
system
that
a
vehicle
manufacturer
designs
5
to
protect
occupants
of
a
motor
vehicle
in
conjunction
with
a
seat
belt
6
assembly,
as
defined
in
49
CFR
571.209,
that
has
one
(1)
or
more
air
bags
7
and
all
components
required
to
ensure
that
each
air
bag:
8
(i)
Operates
as
designed
in
a
motor
vehicle
crash;
and
9
(ii)
Meets
federal
motor
vehicle
safety
standards
for
the
spe
-
10
cific
make,
model,
and
year
of
manufacture
of
the
vehicle
in
which
1
1
the
air
bag
is
installed.
12
(c)
"Counterfeit
automobile
supplemental
restraint
system
component"
13
means
a
replacement
component,
including
an
air
bag,
that
displays
a
14
trademark
that
is
identical
to
or
substantially
similar
to
the
manufac
-
15
turer's
or
supplier's
trademark
without
authorization
from
a
manufac
-
16
turer
or
a
person
that
supplies
parts
to
the
manufacturer.
17
(d)(i)
"Nonfunctional
air
bag"
means
a
replacement
air
bag
that:
18
1.
Was
previously
deployed
or
damaged;
19
2.
Has
a
fault
that
a
motor
vehicle's
diagnostic
system
de
-
20
tects
once
the
air
bag
is
installed;
21
3.
May
not
be
sold
or
leased
pursuant
to
49
U.S.C.
30120(j);
22
or
23
4.
Includes
a
counterfeit
automobile
supplemental
re
-
24
straint
system
component
or
other
part
or
object
that
is
25
installed
for
the
purpose
of
misleading
a
motor
vehicle
26
owner
or
operator
into
believing
that
a
functional
air
bag
is
27
installed.
28
(ii)
"Nonfunctional
air
bag"
does
not
include
a
deployed
air
bag
29
that
has
not
been
repaired
or
an
air
bag
that
is
installed
in
a
mo
-
30
tor
vehicle
when:
31
1.
Such
vehicle
has
been
declared
a
total
loss
or
is
other
-
32
wise
a
totaled
vehicle;
33
2.
The
owner
was
issued
a
salvage
title
certificate
in
Idaho
34
or
a
similar
title
from
another
state;
or
35
3.
The
air
bag
is
visible
in
its
deployed
condition.
36
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
37
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
38
July
1,
2026.
39