Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/13/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB27 | |
| HB308 | |
| SB212 | |
| SB187 | |
| HB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 187 | TELECONFERENCED | |
| + | HB 308 | TELECONFERENCED | |
| *+ | SB 212 | TELECONFERENCED | |
| + | HB 27 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 8 | TELECONFERENCED | |
HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY
2:26:25 PM
CHAIR MCGUIRE announced the consideration of HB 308. She noted
that HB 308 AM is before the committee and this is the first
hearing.
2:26:45 PM
LINDSEY WHITT, Staff, Representative Charisse Millett, Alaska
State Legislature, Juneau, Alaska, introduced HB 308 speaking to
the following sponsor statement:
Motor vehicle injuries are a leading cause of death
and injury among children in the United States.
However, many of these deaths are preventable with the
correct installation and use of child passenger safety
devices, like car seats or booster seats. Car seat use
reduces the risk for death to infants by 71%; and to
toddlers by 54% in passenger vehicles. Booster seat
use reduces the risk for serious injury by 45% for
children aged 4-8 years when compared with seat belt
use alone. The correct installation of any of these
devices can alter their effectiveness dramatically,
but many parents or caregivers accidentally misuse
child restraints due to their complicated, unwieldy
nature.
In Alaska, the Child Passenger Safety Coalition has
made the goal of protecting children traveling on the
roadways of Alaska their priority. Members include
healthcare professionals, firefighters, paramedics,
law enforcement officers, injury prevention
professionals, health and safety personnel, educators,
parents, businesses, foundations, policymakers, and
volunteers. Their team of Child Passenger Safety
Technicians perform checks and help with the
installation of child passenger safety devices for any
new or interested parent or caregiver. Technicians are
certified after successfully completing a 3 or 4-day
program of classroom and hands-on work with child
restraints and motor vehicles then demonstrate their
skills at a community CPS check-up event. The
resulting certification as a Child Passenger Safety
Technician is nationally recognized and valid for 2
years.
However, recruitment of new technicians can be
difficult due to a lack of liability protection. To
remedy this deficit of trained safety experts who
provide essential assistance to parents, caregivers,
and most importantly children, House Bill 308 limits
the civil liability of certified technicians, or those
who facilitate their program, in the case that an
accident results from an act or omission in the
inspection, installation, or adjustment of a child
passenger safety device. With the goal of having our
state's children safe and secured in their car seats
and booster seats, this bill hopes to increase the
numbers of those who can effectively install and
inspect devices and direct liability to those who
actually commit wrongful, criminal acts.
CHAIR MCGUIRE listed the individuals available to answer
questions: Anthony Green with Safe Kids Worldwide, Sara Penisten
with Providence Medical Center, Clifton Powell with the
Anchorage Fire Department, Jane Fellman with Safe Kids Kenai
Peninsula, Mari Carpeneti with the Department of Law, Megan
Wallace with Legislative Legal, and Corlis Taylor with the
Alaska Child Passenger Safety Coalition.
2:28:11 PM
MS. WHITT offered the following sectional analysis for HB 308:
Section 1:
Provides that the following are not civilly liable in
the case of an act or omission that occurs in the
inspection, installation, or adjustment of a child
safety seat or in providing education regarding the
installation or adjustment of a child safety seat:
- A certified Child Passenger Safety Technician (CPST)
- A person who arranges or offers the services of a
CPST for the community
- A person who owns property where a CPST is operating
A CPST must offer their services for free or for the
amount of their actual costs, in good faith, and
within the scope of their training. They may also not
be sponsored by a child passenger safety device
manufacturer or retailer.
Section 2:
A new subsection (b) to AS 28.05.095 was added on the
House floor changing the weight requirements of a
child who is in need of a booster seat.
A child under age 16 may not be transported in a
vehicle without securing them safely.
- A child one year of age or a child one year or older
who weighs less than 20 pounds must be properly
secured in a rear-facing child seat.
- A child of one or more years but less than five
years of age who weighs 20 pounds or more shall be
properly secured in a child restraint device.
- A child over four years of age but less than eight
years of age who is less than 57 inches in height and
weighs 20 or more pounds but less than 65 pounds shall
be properly secured in a booster seat.
Section 3
Applicability clause.
2:31:52 PM
SENATOR COSTELLO questioned why seat belts aren't required in
school buses.
MS. WHITT deferred to Sara Penisten.
2:32:29 PM
SARA PENISTEN, RN, Providence Medical Center, said the
statistics from the motor vehicle testing process indicate that
school buses are 8 times safer for a child passenger than riding
in a private motor vehicle. However, the National Highway
Traffic Safety Administration (NHTSA) is currently looking at
new requirements for school buses and changes in recommendations
for school busses are expected in the next few years. She
explained that traditionally they have operated on a
compartmentalization model that is similar to eggs in an egg
crate; if students are sitting in their seats facing forward,
they are protected in a frontal collision. The protection
doesn't extend to rollover situations.
SENATOR COSTELLO said it's encouraging that changes are likely
because she never understood the exemption.
CHAIR MCGUIRE held HB 308 in committee.