Use of counterfeit supplemental restraint system components and nonfunctional airbags in motor vehicles prohibited, and penalties applied.

A bill for an act

relating to consumer protection; prohibiting the use of counterfeit supplemental

restraint system components and nonfunctional airbags in motor vehicles; applying

penalties; amending Minnesota Statutes 2025 Supplement, section 628.26;

proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[325F.663] SUPPLEMENTAL RESTRAINT SYSTEM REQUIREMENTS.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Counterfeit supplemental restraint system component" means a replacement

supplemental restraint system component, including but not limited to an airbag, that displays

a mark identical or substantially similar to the genuine mark of a manufacturer or a supplier

of parts to a manufacturer without receiving authorization to use the mark from the

manufacturer or supplier.

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(c) "Dealer" has the meaning given in section 168.27, subdivision 1, paragraph (f).

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(d) "Manufacturer" has the meaning given in section 80E.03, subdivision 4.

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(e) "Motor vehicle" or "vehicle" means a passenger automobile, as defined in section

168.002, subdivision 24, including a pickup truck or van.

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(f) "Nonfunctional airbag" means a replacement airbag that:

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(1) was previously deployed or damaged;

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(2) has an electric fault that is detected by the motor vehicle's airbag diagnostic system

when the installation procedure is complete and the vehicle is returned to the customer who

requested the work or to whom ownership is intended to be transferred;

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(3) includes a part or object, including a supplemental restraint system component, that

is installed in a motor vehicle to mislead the owner or operator of the motor vehicle into

believing that a functional airbag has been installed; or

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(4) is subject to the prohibitions under United States Code, title 49, section 30120(j).

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(g) "Supplemental Restraint System" means a passive inflatable motor vehicle occupant

crash protection system that is designed for use in conjunction with a seat belt assembly,

as defined in Code of Federal Regulations, title 49, section 571.209. A supplemental restraint

system includes one or more airbags and all components necessary to ensure the airbag

works as designed by the manufacturer, including that the airbag:

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(1) operates as designed in the event of a crash; and

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(2) is designed to meet federal motor vehicle safety standards for the specific make,

model, and year of the vehicle in which it is or will be installed.

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Subd. 2.

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Prohibition.

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A person must not knowingly:

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(1) import, manufacture, sell, offer for sale, install, or reinstall in a motor vehicle a

counterfeit supplemental restraint system component, a nonfunctional airbag, or an object

that does not comply with Code of Federal Regulations, title 49, section 571.208, for the

make, model, and year of the vehicle;

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(2) sell, offer for sale, install, or reinstall in a motor vehicle a device that causes a vehicle's

diagnostic system to inaccurately indicate that the vehicle is equipped with a properly

functioning airbag; or

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(3) sell, lease, trade, or transfer a motor vehicle if the person knows that a counterfeit

supplemental restraint system component, a nonfunctional airbag, or an object that does not

comply with Code of Federal Regulations, title 49, section 571.208, for the make, model,

and year of the vehicle has been installed as part of the vehicle's inflatable restraint system.

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Subd. 3.

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Exceptions.

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This section does not apply to:

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(1) a person installing, reinstalling, or replacing an airbag or other component of a motor

vehicle's inflatable restraint system on a vehicle used solely for police work; or

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(2) an owner or employee of a dealer, or the owner of a motor vehicle, who before the

vehicle is sold does not have knowledge that the vehicle's airbag or another component of

the vehicle's supplemental restraint system is counterfeit or nonfunctional.

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Subd. 4.

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Penalty.

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A person who violates this section is guilty of a gross misdemeanor.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to crimes

committed on or after that date.

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Sec. 2.

Minnesota Statutes 2025 Supplement, section 628.26, is amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may be

found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section
609.25
may be found or made

at any time after the commission of the offense.

(c) Indictments or complaints for violation of section
609.282
may be found or made at

any time after the commission of the offense if the victim was under the age of 18 at the

time of the offense.

(d) Indictments or complaints for violation of section
609.282
where the victim was 18

years of age or older at the time of the offense, or
609.42, subdivision 1
, clause (1) or (2),

shall be found or made and filed in the proper court within six years after the commission

of the offense.

(e) Indictments or complaints for violation of sections
609.322
,
609.342
to
609.345
, and

609.3458
may be found or made at any time after the commission of the offense.

(f) Indictments or complaints for a violation of section
609.561
shall be found or made

and filed in the proper court within ten years after the commission of the offense.

(g) Indictments or complaints for violation of sections
609.466
and
609.52, subdivision

2
, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court

within six years after the commission of the offense.

(h) Indictments or complaints for violation of section
609.2335, 609.52, subdivision 2
,

paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16),
609.631
, or
609.821
, where

the value of the property or services stolen is more than $35,000, or for violation of section

609.527
where the offense involves eight or more direct victims or the total combined loss

to the direct and indirect victims is more than $35,000, shall be found or made and filed in

the proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or omissions,

indictments or complaints for violations of section
609.671
shall be found or made and filed

in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections
609.562
and
609.563
, shall be

found or made and filed in the proper court within five years after the commission of the

offense.

(k) Indictments or complaints for violation of section
609.746
shall be found or made

and filed in the proper court within the later of three years after the commission of the

offense or three years after the offense was reported to law enforcement authorities.

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(l) Indictments or complaints for violation of section 325F.663 shall be found or made

and filed in the proper court within the later of three years after the commission of the

offense or three years after the offense was reported to law enforcement authorities.

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(l)
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(m)
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In all other cases, indictments or complaints shall be found or made and filed in

the proper court within three years after the commission of the offense.

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(m)
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(n)
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The limitations periods contained in this section shall exclude any period of time

during which the defendant was not an inhabitant of or usually resident within this state.

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(n)
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(o)
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The limitations periods contained in this section for an offense shall not include

any period during which the alleged offender participated under a written agreement in a

pretrial diversion program relating to that offense.

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(o)
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(p)
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The limitations periods contained in this section shall not include any period of

time during which physical evidence relating to the offense was undergoing DNA analysis,

as defined in section
299C.155
, unless the defendant demonstrates that the prosecuting or

law enforcement agency purposefully delayed the DNA analysis process in order to gain

an unfair advantage.

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EFFECTIVE DATE.

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This section is effective August 1, 2026.

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