HF 4278

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/12/2026 03:09 p.m.

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.

new text begin [325F.663] SUPPLEMENTAL RESTRAINT SYSTEM REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (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.
new text end

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

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

new text begin (e) "Motor vehicle" or "vehicle" means a passenger automobile, as defined in section
168.002, subdivision 24, including a pickup truck or van.
new text end

new text begin (f) "Nonfunctional airbag" means a replacement airbag that:
new text end

new text begin (1) was previously deployed or damaged;
new text end

new text begin (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;
new text end

new text begin (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
new text end

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

new text begin (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:
new text end

new text begin (1) operates as designed in the event of a crash; and
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A person must not knowingly:
new text end

new text begin (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;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply to:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who violates this section is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end

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.

new text begin (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.
new text end

deleted text begin (l) deleted text end new text begin (m) new text end 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.

deleted text begin (m) deleted text end new text begin (n) new text end 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.

deleted text begin (n) deleted text end new text begin (o) new text end 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.

deleted text begin (o) deleted text end new text begin (p) new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026.
new text end