1Providing for counterfeit airbag prevention.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Short title.

5This act shall be known and may be cited as the Counterfeit
6Airbag Prevention Act.

7Section 2. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Airbag." An airbag or component of an airbag that is
12designed for a specific make, model and year of a motor vehicle
13to be installed and operate in the event of a crash. Airbag
14components include, but are not limited to, the cover, sensors,
15controllers, inflator, wiring and the airbag itself.

16"Counterfeit airbag." An airbag that bears without
17authorization a mark identical or substantially similar to the

1genuine mark of the manufacturer of a motor vehicle.

2"Nonfunctional airbag." A replacement airbag that has been
3previously deployed, damaged or has an electrical fault that is
4detected by the readiness indicator light after the installation
5procedure is completed. Nonfunctional airbag shall also mean any
6object, including a counterfeit or repaired airbag component,
7installed to deceive the vehicle owner or operator into
8believing a functional airbag is installed.

9"Person." A person, partnership, firm, corporation,
10company, trust, association or an agent or employee of a
11partnership, firm, corporation, trust or association.

12"Readiness indicator light." An indicator monitoring the 
13airbag system's readiness that is clearly visible from a 
14driver's designated seating position.

15Section 3. Prohibition on counterfeit airbags.

16It shall be unlawful for a person to knowingly do any of the
17following:

18(1) Make, offer to distribute, distribute, offer to sell
19or sell a counterfeit or a nonfunctional airbag.

20(2) Install or reinstall a counterfeit airbag or a
21nonfunctional airbag in any motor vehicle as that term is
22defined in 75 Pa.C.S. § 102 (relating to definitions).

23(3) Install or reinstall a counterfeit or nonfunctional
24airbag so that the readiness indicator light falsely displays
25that the airbag is in proper working order.

26(4) Represent to another person a counterfeit airbag or
27a nonfunctional airbag installed or reinstalled in a motor
28vehicle as an airbag.

29Section 4. Violations.

30(a) Cause of action.--If there is an alleged violation of

1this act, the Attorney General may bring a cause of action in
2the name of the Commonwealth.

3(b) Venue.--The cause of action shall be brought in a court
4having jurisdiction.

5(c) Notice.--The Attorney General shall notify the defendant
6of the cause of action within five days of the cause of action
7being filed.

8(d) Powers.--In any cause of action arising under this act,
9the Attorney General is authorized to take proof, make a
10determination of the relevant facts and issue subpoenas under 42
11Pa.C.S. (relating to judiciary and judicial procedure).

12(c) Injunctive relief.--If the court rules that the
13defendant has violated this act, the court may issue an
14injunction enjoining and restraining any further violation
15without requiring proof that a person has been injured or
16damaged by the defendant.

17(d) Civil penalty.--If the court determines that a violation
18of this act has occurred, the court may impose a civil penalty
19as follows:

20(1) For the first violation the penalty may not be more
21than $1,000 for a single violation and may not be more than
22$100,000 for multiple violations resulting from a single act
23or incident.

24(2) For a subsequent violation the penalty may not be
25more than $5,000 for a single violation and may not be more
26than $250,000 for multiple violations resulting from a
27single act or incident.

28(e) Exception.--No person may be deemed to have violated the
29provisions of this act if the person shows by a preponderance of
30the evidence that the violation was not intentional and resulted

1from a bona fide error made notwithstanding the maintenance of
2procedures reasonably adopted to avoid the error.

3Section 5. Effective date.

4This act shall take effect in 60 days.