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HB 308 am: "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; and relating to child safety devices in motor vehicles.

00                            HOUSE BILL NO. 308 am                                                                        
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; and relating to child safety devices in motor vehicles.                              
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. 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.