HB 28 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO AUTO REPAIR FRAUD PREVENTION, AND PROHIBITED TRADE PRACTICES.

Briggs King HOUSE& OFRep. REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Osienski TO& HOUSESen. BILL NO.

28Cloutier AMEND& HouseSen. Bill No.

28Pettyjohn on& lineSen. 24 by deleting "(i)" after "30120" and before the period therein and inserting in lieu thereof "(i)(j)".

FURTHERWilson AMENDHOUSE HouseOF BillREPRESENTATIVES No.150th GENERAL ASSEMBLY HOUSE BILL NO.

28 onAN lineACT 29TO byAMEND deletingTITLE "6 activeOF restraintTHE systemsDELAWARE asCODE definedRELATING inTO 49AUTO CFRREPAIR 571.208"FRAUD afterPREVENTION, "with"AND andPROHIBITED beforeTRADE thePRACTICES. period therein and inserting in lieu thereof " active restraint systems as defined in 49 CFR 571.208 a seat belt assembly as defined in 49 CFR 571.209".

SYNOPSISBE ThisIT amendmentENACTED makesBY twoTHE technicalGENERAL correctionsASSEMBLY toOF referencesTHE inSTATE federalOF law.DELAWARE:

Section 1.

Amend § 4902A, Title 6 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 4902A.

Definitions.

For the purposes of this chapter, the following definitions shall apply:

(1) “Airbag” means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system.

(1)(2) "Automotive repair facility'' means any person who performs auto repair work on a motor vehicle for financial profit.

(2)(3) "Auto repair work'' means performing or attempting to perform repairs and/or maintenance on a motor vehicle for financial profit.

(4) “Counterfeit supplemental restraint system component” means a replacement supplemental restraint system component, including, but not limited to, an airbag, that displays a mark identical to, or substantially similar to, the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively.

(3)(5) "Motor vehicle'' is as defined by 21 § 101(35).

(6) “Nonfunctional airbag” means a replacement airbag that meets any of the following criteria:

a.

The airbag was previously deployed or damaged;

b.

The airbag has an electric fault that is detected by the vehicle’s airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

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The airbag 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 d.

The airbag is subject to the prohibitions of 49 U.S.C.

§ 30120(i).

(4)(7) "Pattern of violations'' means 3 or more violations within a 1-year period.

(5)(8) "Person'' includes an individual, corporation, statutory trust, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest or any other legal or commercial entity.

(9) “Supplemental Restraint System” means a passive inflatable motor vehicle occupant crash protection system designed for use in conjunction with active restraint systems as defined in 49 CFR 571.208.

A supplemental restraint system includes one or more airbags and all components required to ensure that an airbag works as designed by the vehicle manufacturer including both of the following:

a.

The airbag operates as designed in the event of a crash;

and b.

The airbag 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.

Section 2.

Amend § 4903A, Title 6 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 4903A.

Unlawful practices.