Legislature(2015 - 2016)BARNES 124
03/28/2016 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB308 | |
| HB372 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 308 | TELECONFERENCED | |
| *+ | HB 372 | TELECONFERENCED | |
| += | HB 214 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY
3:17:01 PM
CHAIR OLSON 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."
3:17:27 PM
REPRESENTATIVE CHARISSE MILLETT, Alaska State Legislature,
speaking as the sponsor of HB 308, informed the committee the
bill limits the liability of those who volunteer to properly
install child safety car seats for parents. She relayed that
car seats for infants and toddlers have been shown to save lives
and reduce injuries in the case of an accident. At this time,
those who inspect child safety seats as part of their job at a
fire station or a hospital, have limited liability; in a similar
manner, HB 308 would limit the liability for child passenger
safety technicians who volunteer to do so at community
gatherings, for example, in rural Alaska. Representative Millet
said technicians complete hours of training and keep kids safe
and their parents comfortable by correctly installing car seats.
She concluded that the bill advocates for safety seat use and
protects technicians from the fear of being sued.
3:21:13 PM
LINDSEY WHITT, Staff to Representative Millett, Alaska State
Legislature, sponsor of HB 308, paraphrased from the following
sectional analysis [original punctuation provided]:
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:
Applicability clause.
CHAIR OLSON asked whether the bill applies to firefighters and
emergency medical technicians (EMTs) who have received training.
REPRESENTATIVE MILLET said the aforementioned firefighters and
EMTs would be covered by their employers; however, the bill
would cover them if they volunteered outside of the firehouse or
police station.
REPRESENTATIVE LEDOUX asked for clarification.
REPRESENTATIVE MILLETT further explained that liability is
covered through the municipality for which they work; the bill
applies when they are volunteering, and not representing a
municipality or a private employer. In further response to
Representative LeDoux, she said insurance is through an
employer. The bill applies, for example, when a state employee
gets a certificate to install safety seats on a voluntary basis,
and completes the training and volunteers to install a car seat,
his/her liability would be limited if the car seat or the
installation of the car seat failed.
REPRESENTATIVE LEDOUX suggested volunteers would be covered by
their homeowners insurance. She questioned whether insurance
companies have requested the bill.
REPRESENTATIVE MILLETT said HB 308 was requested by off-duty
police officers and firefighters who are certified technicians
and would like to offer installation service, but without civil
liability. In further response to Representative LeDoux, she
pointed out that not all people own homes.
REPRESENTATIVE HUGHES asked whether all new parents and baby
leave the hospital with a car seat installed.
3:26:23 PM
MS. WHITT recommended that expectant parents contact someone
locally to take a class and learn how to install the baby
safely; she said help and instructions can be found at
firehouses and police stations. There are over 200 technicians
throughout the state and anyone could call "one of the numbers
provided."
REPRESENTATIVE MILLETT said she would verify with hospitals
across the state that they are aware of the service.
REPRESENTATIVE LEDOUX directed attention to the bill on page 1,
beginning on line 13, and continuing to page 2, line 10, which
read:
(1) the person
(A) has successfully completed the National Child
Passenger
Safety Certification Training program and maintains a
current child passenger safety technician or
technician instructor certification issued under that
program;
(B) offers or arranges a nonprofit child safety
seat educational program, checkup event, or checking
station program for the public with instruction by
certified child passenger safety technicians or
technician instructors; or
(C) owns property where a nonprofit child safety
seat educational program, checkup event, or checking
station program for the public occurs with
instruction by certified child passenger safety
technicians or technician instructors;
REPRESENTATIVE LEDOUX inquired as to aforementioned subparagraph
(C) and the relevance of owning property where the educational
program occurs.
REPRESENTATIVE MILLETT deferred the question to Legislative
Legal Services, Legislative Affairs Agency, and offered that the
bill applies to those who do not work at a police station,
hospital, or firehouse, but are interested in child car seat
safety.
3:30:16 PM
CHAIR OLSON opened public testimony on HB 308.
3:30:33 PM
JANE FELLMAN, registered nurse, Central Peninsula Hospital, and
coordinator, Kenai Peninsula Safe Kids Coalition, said she has
been a child passenger safety technician (CPST) since 1998, and
an instructor since 2000. The Kenai Peninsula Safe Kids
Coalition has spent many years assisting parents properly place
their children in car seats. The requirements are continuously
changing because motor vehicle safety is improving, and CPSTs
are a resource for parents, inspecting seats and providing
proper installation. They also educate parents about how to
prevent and correct the misuse of car seats. Ms. Fellman said
in Alaska, the misuse of car seats is 85 percent, so CPSTs are
needed. In order to keep technicians, and have more who are not
employed by an agency, the bill is needed to provide a level of
protection for them. She encouraged the committee to support
the bill.
3:33:13 PM
DON ETHERIDGE, Spokesperson, AFL-CIO, said his organization in
supports the bill because many of its members provide car seat
installation training on a voluntary basis. He advised that the
local hospital sends expectant parents to the police department
for a car seat and instruction. Mr. Etheridge gave a personal
story of the improper use of a car seat, and restated his
support of the proposed legislation.
3:34:31 PM
CLINTON POWELL, Senior Captain, Anchorage Fire Department,
expressed support for the bill. The Anchorage Fire Department
has an inspection program and checks almost 400 seats every
year. In addition, the department conducts award-winning
outreach throughout the state, and HB 308 provides a statewide
benefit to educators.
REPRESENTATIVE HUGHES asked about coordination with new parents
at Providence Alaska Medical Center.
3:36:26 PM
SARA PENISTEN, registered nurse, Providence Alaska Medical
Center (Providence), and state coordinator, Safe Kids Alaska
Coalition, said she has been a child passenger safety technician
since 1999, and an instructor since 2006. Regarding hospital
policy and protocol at Providence, she advised that every
newborn leaving Providence has its car seat checked for recall
status, appropriate fit, and expiration date. If requested,
certified CPSTs on the hospital staff will assist parents. Ms.
Penisten noted that some children have unique transportation
needs and the hospital provides special training. However, the
aforementioned policies and procedures are not required of
hospitals, and each hospital in the state differs in the matter
of car seats for pediatric patients and newborns. Further, not
every hospital has certified technicians; in fact, some
hospitals are reluctant to check car seats because of the
liability involved. She said HB 308 would take the liability
issue away due to the certification of the technicians, which
requires a three-day nationally standardized course involving
evaluations, written examinations, and participation in a public
check-up event. In response to Representative LeDoux, she
directed attention to [Section 1, subparagraph (B)], and
explained that this addresses those who arrange public check-up
events, not necessarily the technicians, and [Section 1,
subparagraph (C)] addresses the potential liability of a
property owner where the event takes place, such as a child care
center or public school.
REPRESENTATIVE HUGHES questioned whether for-profit hospitals
are liable.
MS. PENISTEN advised that it is not the nonprofit status of the
property owner - but the status of the event - that is valid.
For example, the nonprofit child safety seat education program
check-up event does not charge a fee for attendance. In further
response to Representative Hughes, Ms. Penisten said if an
employee is acting within the scope of his/her employment, the
employer's insurance provides primary coverage; HB 308 applies
when certified technicians are not working for an employer,
such as a firefighter who volunteers for a public car seat
safety event during his/her off-duty hours.
REPRESENTATIVE HUGHES returned attention to the policy at
Providence and asked whether car seats are brought in to the
hospital to be checked, or whether hospital personnel go to the
vehicle.
MS. PENISTEN stated that at Providence the protocol and policy
are that a car seat for a newborn is brought in to the hospital.
REPRESENTATIVE HUGHES asked whether there are any past or
pending lawsuits against technicians in the state related to the
installation of car seats.
MS. WHITT said no. In further response to Representative
Hughes, she said she is aware of one case outside of Alaska.
The issue in Alaska is the recruiting of and the retention of
technicians.
3:45:48 PM
ANTHONY GREEN, Director of Public Policy, Safe Kids Worldwide,
stated that he is aware of one incident in which a parent had an
issue related to a car seat inspection. His organization is
responsible for the training of child passenger safety
technicians, and Mr. Green expressed his strong support for HB
308 and providing a level of comfort to volunteers. He
observed that 94 percent of cars in the U.S. that have been
inspected have had car seats installed, and 46 percent of those
are incorrectly used.
REPRESENTATIVE HUGHES inquired as to the cause of the higher
incorrect installation percentage in Alaska.
MS. WHITT said in 2014, the percentage of incorrectly installed
car seats in Alaska was 85 percent; she added that she did not
know the cause.
3:48:47 PM
CORLIS TAYLOR, Director, Education Department, Fairbanks
Memorial Hospital, stated she is a child passenger safety
technician and an instructor. For more than 20 years she has
been involved in this issue, and she spoke in favor of HB 308.
As an instructor she has trained many technicians in Fairbanks,
and she restated that 85 percent of the seats installed by those
who attend events are incorrectly installed. Ms. Taylor
observed there is a need to educate parents on how to transport
children safely. Fairbanks Memorial Hospital has a program to
work with families of children with disabilities and special
needs. She restated her support for the bill.
REPRESENTATIVE HUGHES restated her question.
MS. TAYLOR recalled that in the beginning of the program, the
nationwide percentage for incorrect installation was 85 percent
to 95 percent; she suggested that the percentage has declined in
the Lower 48 because there are more technicians and advertising,
which differs in Alaska.
3:52:34 PM
CHAIR OLSON after ascertaining no one further wished to testify,
closed public testimony on HB 308.
3:52:49 PM
REPRESENTATIVE HUGHES moved to report HB 308 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 308 was reported from the
House Labor and Commerce Standing Committee.