2002 Legislation
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HOUSE BILL NO. 643 – MV sale, airbag inoperable

HOUSE BILL NO. 643

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0643aa.......................................by TRANSPORTATION AND DEFENSE
MOTOR VEHICLES - AIRBAGS - Adds to existing law to provide that it shall be
unlawful for any person to sell or transfer ownership of a vehicle without
giving prior written notice to the purchaser or transferee if the person
knows or should reasonably know that any airbag or the airbag system is
inoperable; and to provide exceptions.
                                                                        
02/13    House intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/21    Rpt out - to Gen Ord
02/25    Rpt out amen - to engros
02/26    Rpt engros - 1st rdg - to 2nd rdg as amen
02/27    2nd rdg - to 3rd rdg as amen
03/04    3rd rdg as amen - PASSED - 63-3-4
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney,
      Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley,
      Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
      Kellogg(Duncan), Kunz, Lake, Langford, Loertscher, Mader, Martinez,
      McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner,
      Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Shepherd,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Bruneel, Callister, Kendell
      Absent and excused -- Bieter, Gagner, Roberts, Sellman
    Floor Sponsor - Kunz
    Title apvd - to Senate
03/05    Senate intro - 1st rdg - to Transp
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia,
      Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Boatright
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/20    Governor signed
         Session Law Chapter 141
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 643
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE EQUIPMENT; AMENDING CHAPTER 9, TITLE 49, IDAHO CODE,
  3        BY THE ADDITION OF A NEW SECTION 49-967, IDAHO CODE, TO  PROVIDE  THAT  IT
  4        SHALL  BE UNLAWFUL FOR ANY PERSON TO SELL OR TRANSFER OWNERSHIP OF A VEHI-
  5        CLE WITHOUT GIVING PRIOR WRITTEN NOTICE TO THE PURCHASER OR TRANSFEREE  IF
  6        THE PERSON KNOWS OR SHOULD REASONABLY KNOW THAT ANY AIR BAG OR THE AIR BAG
  7        SYSTEM IS INOPERABLE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  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-
 11    ignated as Section 49-967, Idaho Code, and to read as follows:
                                                                        
 12        49-967.  AIR BAGS AND AIR BAG SYSTEMS -- DISCLOSURE IF INOPERABLE. (1)  It
 13    shall  be unlawful for any person to sell or otherwise transfer ownership of a
 14    vehicle without giving prior written notice to the purchaser or transferee  if
 15    the  person  knows  or  should reasonably know that any air bag or the air bag
 16    system is inoperable.
 17        (2)  The provisions of this section shall apply only  to  vehicles  origi-
 18    nally equipped with factory-installed air bags or an air bag system.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                                     Moved by    Kunz                
                                                                        
                                                     Seconded by Smith               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 643
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, following line 18, insert:
  3        "(3)  The provisions of this section shall not apply to a vehicle in which
  4    a deployed air bag is visible in its deployed condition or to a  vehicle  from
  5    which an air bag has been cut or torn away and that fact is plainly visible.".
                                                                        
  6                                 CORRECTION TO TITLE
  7        On  page  1,  in  line  7,  following "INOPERABLE" insert: "AND TO PROVIDE
  8    EXCEPTIONS".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 643, As Amended
                                                                        
                          BY TRANSPORTATION AND DEFENSE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR VEHICLE EQUIPMENT; AMENDING CHAPTER 9, TITLE 49, IDAHO CODE,
  3        BY THE ADDITION OF A NEW SECTION 49-967, IDAHO CODE, TO  PROVIDE  THAT  IT
  4        SHALL  BE UNLAWFUL FOR ANY PERSON TO SELL OR TRANSFER OWNERSHIP OF A VEHI-
  5        CLE WITHOUT GIVING PRIOR WRITTEN NOTICE TO THE PURCHASER OR TRANSFEREE  IF
  6        THE PERSON KNOWS OR SHOULD REASONABLY KNOW THAT ANY AIR BAG OR THE AIR BAG
  7        SYSTEM IS INOPERABLE AND TO PROVIDE EXCEPTIONS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  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-
 11    ignated as Section 49-967, Idaho Code, and to read as follows:
                                                                        
 12        49-967.  AIR BAGS AND AIR BAG SYSTEMS -- DISCLOSURE IF INOPERABLE. (1)  It
 13    shall  be unlawful for any person to sell or otherwise transfer ownership of a
 14    vehicle without giving prior written notice to the purchaser or transferee  if
 15    the  person  knows  or  should reasonably know that any air bag or the air bag
 16    system is inoperable.
 17        (2)  The provisions of this section shall apply only  to  vehicles  origi-
 18    nally equipped with factory-installed air bags or an air bag system.
 19        (3)  The  provisions of this section shall not apply to a vehicle in which
 20    a deployed air bag is visible in its deployed condition or to a  vehicle  from
 21    which an air bag has been cut or torn away and that fact is plainly visible.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 12063

The purpose of this legislation is to protect Idaho Consumers
from purchasing a motor vehicle that has air bags that are
inoperable without being informed of this fact by the previous
owner in writing.

                          FISCAL IMPACT

None

Contact
Name: Representative Kent Kunz 
Phone: 332-1120




STATEMENT OF PURPOSE/FISCAL NOTE                      H 643