Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/13/2016 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 187 MOTOR VEHICLE ARSON ON PRIVATE PROPERTY TELECONFERENCED
Moved SB 187 Out of Committee
+ HB 308 CHILD SAFETY SEAT INSTALLATION LIABILITY TELECONFERENCED
Heard & Held
*+ SB 212 FORFEITURE:NO CIVIL IN REM; ONLY CRIMINAL TELECONFERENCED
Heard & Held
+ HB 27 DHSS DUTIES;CINA; FOSTER CARE; ADOPTION TELECONFERENCED
Moved SCS CSSSHB 27(HSS) Out of Committee
+ HB 126 CODE OF MILITARY JUSTICE; APPEALS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= HB 8 POWERS OF ATTORNEY TELECONFERENCED
Moved SCS CSHB 8(JUD) Out of Committee
-- Public Testimony --
**Streamed live on AKL.tv**
        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.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB187 Sponsor Statement.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
SB187 Support AnchoragePoliceDepartment.PDF SJUD 4/13/2016 1:30:00 PM
SB 187
SB187 Support Balega Fire Investigators.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
SB187 Support Fire Chiefs.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
SB187A.PDF SJUD 4/13/2016 1:30:00 PM
SB 187
SB 187 FiscalNote.pdf SJUD 4/13/2016 1:30:00 PM
SB 187
4.8.16 HB 27 Summary of Changes Version GA to Version S.pdf SJUD 4/13/2016 1:30:00 PM
HB 27
HB 27 4.13.16 Fiscal Note.pdf SJUD 4/13/2016 1:30:00 PM
HB 27
HB 27 George Brown Letter of Support.pdf SJUD 4/13/2016 1:30:00 PM
HB 27
SB212 Fiscal Note-DOA-OPA-04-12-2016.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Fiscal Note-DOA-PDA-04-12-16.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Fiscal Note-DPS-COMM-04-11-16.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Fiscal Note-LAW-ASD-04-12-16.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Sponsor Statement.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 ver A.PDF SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Supporting Documents - Take the Money and Run Slate Article.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
SB212 Supporting Documents - The Forfeiture Racket Article Reason.com.pdf SJUD 4/13/2016 1:30:00 PM
SB 212
HB 308 Kenai General Hosp..pdf SJUD 4/13/2016 1:30:00 PM
HB 308