00 Enrolled HB 308 01 Relating to the limitation of liability for the inspection, installation, or adjustment of a child 02 safety seat or in providing education regarding the installation or adjustment of a child safety 03 seat; and relating to child safety devices in motor vehicles. 04 _______________ 05  * Section 1. AS 09.65 is amended by adding a new section to read: 06 Sec. 09.65.094. Liability for inspection, installation, or adjustment of a  07 child safety seat. (a) Except as provided in (b) of this section, a person other than a 08 manufacturer of child safety seats or an agent or employee of a manufacturer of child 09 safety seats is not liable for civil damages as a result of an act or omission that occurs 10 in the inspection, installation, or adjustment of a child safety seat or in providing 11 education regarding the installation or adjustment of a child safety seat if 12 (1) the person 13 (A) has successfully completed the National Child Passenger 14 Safety Certification Training Program and maintains a current child passenger 01 safety technician or technician instructor certification issued under that 02 program; 03 (B) offers or arranges a nonprofit child safety seat educational 04 program, checkup event, or checking station program for the public with 05 instruction by certified child passenger safety technicians or technician 06 instructors; or 07 (C) owns property where a nonprofit child safety seat 08 educational program, checkup event, or checking station program for the 09 public occurs with instruction by certified child passenger safety technicians or 10 technician instructors; and 11 (2) the services are provided 12 (A) without a fee, other than for the reimbursement of actual 13 expenses; 14 (B) in good faith; and 15 (C) within the scope of training for which the person is 16 currently certified. 17 (b) This section does not apply to a civil action 18 (1) for damages resulting from gross negligence or wilful or wanton 19 misconduct; or 20 (2) where the inspection, installation, or adjustment of a child safety 21 seat, or education provided regarding the inspection, installation, or adjustment of a 22 child safety seat, is performed in conjunction with the for-profit sale of a child safety 23 seat. 24  * Sec. 2. AS 28.05.095(b) is amended to read: 25 (b) Except as provided in (c) of this section, a driver may not transport a child 26 under the age of 16 in a motor vehicle unless the driver has provided the required 27 safety device and properly secured each child as described in this subsection. A child 28 (1) less than one year of age or a child one year of age or older who 29 weighs less than 20 pounds shall be properly secured in a rear-facing child safety seat 30 that meets or exceeds standards of the United States Department of Transportation and 31 is used in accordance with the manufacturer's instructions; 01 (2) one or more years of age but less than four [FIVE] years of age 02 who weighs 20 pounds or more shall be properly secured in a child restraint device 03 that meets or exceeds the standards of the United States Department of Transportation 04 and is used in accordance with the manufacturer's instructions; 05 (3) over four years of age but less than eight years of age who is less 06 than 57 inches in height and weighs 20 or more pounds but less than 65 pounds shall 07 be properly secured in a booster seat that is secured by a seat belt system or by another 08 child passenger restraint system that meets or exceeds the standards of the United 09 States Department of Transportation and is used in accordance with the manufacturer's 10 instructions; 11 (4) over four years of age who exceeds the height or weight 12 requirements in (3) of this subsection shall be properly secured in a seat belt; 13 (5) eight years of age but less than 16 years of age who does not 14 exceed the height and weight requirements in (3) of this subsection shall be properly 15 secured in a child safety device approved for a child of that size by the United States 16 Department of Transportation or in a safety belt, whichever is appropriate for the 17 particular child as determined solely by the driver. 18  * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. AS 09.65.094, enacted by sec. 1 of this Act, applies to causes of 21 action that accrue on or after the effective date of this Act.