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HB 308: "An Act relating to the limitation of liability for the inspection, installation, or adjustment of a child safety seat or in providing education regarding the installation or adjustment of a child safety seat."

00                             HOUSE BILL NO. 308                                                                          
01 "An Act relating to the limitation of liability for the inspection, installation, or                                    
02 adjustment of a child safety seat or in providing education regarding the installation or                               
03 adjustment of a child safety seat."                                                                                     
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
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 willful 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. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26       APPLICABILITY. AS 09.65.094, enacted by sec. 1 of this Act, applies to causes of                                  
27 action that accrue on or after the effective date of this Act.