Legislature(2015 - 2016)GRUENBERG 120
04/06/2016 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB308 | |
| HB147 | |
| HB205 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 308 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 147 | TELECONFERENCED | |
| += | HB 205 | TELECONFERENCED | |
HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY
1:19:04 PM
CHAIR LEDOX announced that the first order of business would be
HOUSE BILL NO. 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."
1:19:33 PM
REPRESENTATIVE MILLETT said that HB 308 will help save lives,
make communities safer for Alaskans, and will allow technicians
for child passenger safety latitude to install car seats and
teach people how to install car seats without liability. She
offered that these technicians are fully trained and certified
through a process. Oftentimes, she noted, people go to a fire
station or a hospital to have their car seat installed. This
bill is a mechanism for child safety technicians to go into
communities that may or may not have fire stations, and the
opportunity to hold free events to teach parents, especially new
parents, how to install their car seats correctly. The bill
avoids any liability when certified technicians volunteer to
install and educate people and, she noted, the bill has no
opposition. She pointed out that it is considerably desirable
in rural communities that do not currently have car seat safety
technicians because it gives the technicians the opportunity to
teach the smaller communities.
1:21:32 PM
REPRESENTATIVE KELLER noted that his conceptual amendment is now
before the committee and stated that he feels confident with the
legislative intent. He said, "Our departed friend Max, I'm
standing in for him today making sure that we aren't doing
something that is unintended." He noted that as he read the
bill he thought it was a limitation of liability, except as
provided in subsection (b), which read:
(b) This section does not apply to a civil action
(1) for damages resulting from gross
negligence or willful or wanton misconduct; or
(2) where the inspection, installation, or
adjustment of a child safety seat, is performed in
conjunction with the for-profit sale of a child safety
seat.
REPRESENTATIVE KELLER suggested there was the possibility of
liability to parents. He stated he wants a safeguard in the
bill that the legislature does not, in any manner, increase the
liability of a parent taking care of their child. Mistakes will
be made, he opined, and their standards for adjustment may be
different for others, and stressed he wants an exemption in
there for parents. In the event there is not an answer he will
propose the conceptual amendment later, he said.
1:22:50 PM
REPRESENTATIVE MILLETT noted that it is a question for
Legislative Legal and Research Services because it is not
something that came up during their research on the bill. She
agreed there could be a situation wherein parents are co-
parenting and one parent has custody and the other parent has
joint custody.
1:23:14 PM
CHAIR LEDOUX asked Representative Keller whether he was trying
to exempt parents from legal liability.
REPRESENTATIVE KELLER answered yes.
CHAIR LEDOUX explained that in reality, the conceptual amendment
exempts insurance companies from having to provide coverage.
Due to the manner in which homeowner's insurance policies work,
if there is a serious accident [with the child] the non-
negligent parent can sue the other parent on behalf of the child
and there can be liability against the other parent. Although,
she pointed out, the lawsuit wouldn't even be brought unless
there was insurance coverage. Therefore, she explained, this
amendment would basically be a boon to the insurance companies
and not the injured child, and not to the parent who would not
want to be exempted because they would want their child to
actually have the coverage.
1:24:35 PM
REPRESENTATIVE KELLER moved to adopt Conceptual Amendment 1, as
follows:
Page 2, Line 10
DELETE
[and]
After "instructiors [sic]: INSERT
or
(D) is a parent, legal or authorized guardian; and
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE KELLER, in response to Chair LeDoux's
explanation, said he started reading the bill and thought that
this would exempt the liability of people [who have]
successfully completed a certification course regarding the use
of car seats. He then posed the question, what if someone tries
to use this section of law to hold someone liable and there are
many different options. He said he understands that Chair
LeDoux is saying that one of the options here is that Conceptual
Amendment 1 builds a boon for insurance companies and that
possibly there is a more elegant way to fix the problem.
Although, he stressed the committee needs to do something to be
certain the bill does not increase regulation and liability on
parents at some level.
REPRESENTATIVE MILLETT reiterated that she should speak with
Legislative Legal and Research Services because her
understanding is that this only applies to people who have been
trained and have received a certificate, parents wouldn't need
to be covered under this bill unless they are a certified car
seat inspector. She then referred to Chair LeDoux's point and
said she is more concerned about not having them under the
homeowner's insurance.
1:27:18 PM
MARIANNA CARPENETI, Assistant Attorney General, Civil Division,
Torts and Workers' Compensation Section, Department of Law, said
she agrees this is a better question for Legislative Legal and
Research Services because they are the people to discuss how the
bill might be interpreted. Representative Keller is correct
that parents are not referenced, but she opined that parents are
not envisioned as implicated in the operation of the bill. She
related that she is hesitate to offer more because she is unsure
what the drafter was thinking when drafting the bill.
1:28:53 PM
The committee took an at-ease from 1:28 to 1:33:42.
1:33:42 PM
REPRESENTATIVE KELLER withdrew Conceptual Amendment 1.
CHAIR LEDOUX opened public testimony.
1:34:48 PM
SARA PENISTEN, Registered Nurse, Providence Alaska Medical
Center, advised she is the coordinator of the Kids Alaska State
Coalition, is a Child Safety Instructor, and has been involved
in child passenger safety since 1998. She said she strongly
urges the committee's support in that currently Alaska has 194
certified technicians who hold a two-year certification in child
passenger safety. That certification is renewable upon specific
requirements set forth by the National Child Passenger Safety
Board, the National Highway Transportation Safety
Administration, and the Child Passenger Safety (CPS)
Certification program which is administered by Safe Kids
Worldwide. She advised that the Kids Alaska State Coalition
collects data annually through an extremely structured program
regarding car seat misuse on car seats inspected in Alaska and
offered that a lawsuit has never been brought forth naming a
child passenger safety technician. However, she related they
are hopeful the legislature will pass this legislation as a
layer of protection, and especially encourage people in rural
areas to seek out certification for people that may not be
sponsored by an agency that is actively involved in the care of
children or in their transportation needs. She advised that
several people have contacted her with interest over the years
whose agencies may not have that same interest and due to their
fear of liability choose not to become certified and; therefore,
cannot serve their community as a transportation resource for
children.
1:37:26 PM
ANTHONY GREEN, Director of Public Policy, Safe Kids Worldwide,
advised that most of the people acting as child passenger safety
technicians are volunteers who go through a rigorous course to
become child passenger safety technicians. He pointed out that
it will help the Alaska program if candidates, sponsoring
organizations, or properties where events may take place, can be
advised they are immune from civil liability. Not only have
there not been any lawsuits brought in Alaska, he is unaware of
any being brought in the entire United States. Although, he
advised there was an incident dealt with some years ago that did
not resort to litigation. He offered his appreciation for the
committee's consideration of this bill.
1:39:17 PM
DAVID WALLACE, Engineer Paramedic, Anchorage Fire Department,
advised he is an Engineer Paramedic with the Anchorage Fire
Department in addition to being a child passenger safety
technician instructor. He stated that while working in
communities around Anchorage, Southeast, and Kodiak Island, a
concern often expressed is around the level of liability that
technicians and the agency could be involved in. This
legislation would help ease the concerns of both the individuals
and agencies so they will become a stronger partner in providing
safe transportation for children, he opined.
1:40:42 PM
DON ETHRIDGE, Alaska State AFL-CIO, said they support this bill
and explained that many members of the Alaska State AFL-CIO are
fire fighters, police department employees, and many hospital
nurses who volunteer their own time to offer trainings. He said
this bill is viewed as an additional step in protecting the
volunteers while caring for the public.
CHAIR LEDOUX, after ascertaining that no one further wished to
testify, closed public testimony.
1:41:51 PM
REPRESENTATIVE KELLER moved to report HB 308, Version 29-
LS1323\A out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HB 308
passed out of the House Judiciary Standing Committee.