93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2534

 

Introduced 2/3/2004, by John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Child Passenger Safety Technician Act. Provides immunity for child passenger safety technicians for the inspection, installation, or adjustment of a child safety seat in a motor vehicle and for the giving of advice or assistance regarding the installation or adjustment of a child safety seat if the listed requirements are met.


LRB093 20609 LCB 46441 b

 

 

A BILL FOR

 

SB2534 LRB093 20609 LCB 46441 b

1     AN ACT concerning civil liability.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the Child
5 Passenger Safety Technician Act.
 
6     Section 5. Definitions. As used in this Act:
7     "Child passenger safety technician" means an individual
8 who holds a current certification as a child passenger safety
9 technician or technician instructor by the National Highway
10 Traffic Safety Administration of the United States Department
11 of Transportation, the American Automobile Association, or
12 other entity designated by the National Highway Traffic Safety
13 Administration.
14     "Child safety seat" means a device, including a child
15 booster seat, that the manufacturer:
16         (1) certifies is manufactured in accordance with
17     applicable federal safety standards; and
18         (2) intends to be used to restrain, seat, or position a
19     child who is transported in a motor vehicle.
20     "Child safety seat" does not mean a seat belt or the
21     combination of a seat belt and shoulder harness used alone.
 
22     Section 10. Immunity. A child passenger safety technician
23 or sponsoring organization is not civilly liable for an act or
24 omission that occurs solely in the inspection, installation, or
25 adjustment of a child safety seat in a motor vehicle, or in the
26 giving of advice or assistance regarding the installation or
27 adjustment of a child safety seat in a motor vehicle, if:
28         (1) the child passenger safety technician acts in good
29     faith and within the scope of the training for which the
30     technician is currently certified;
31         (2) the act or omission does not constitute gross

 

 

SB2534 - 2 - LRB093 20609 LCB 46441 b

1     negligence or willful or wanton misconduct;
2         (3) the inspection, installation, or adjustment of the
3     child safety seat, or the advice or assistance, is provided
4     without fee or charge to the owner or operator of the motor
5     vehicle; and
6         (4) the inspection, installation, or adjustment of the
7     child safety seat is not provided in conjunction with the
8     for profit sale of the child safety seat.
 
9     Section 15. Applicability. The provisions of this Act apply
10 to causes of action accruing on or after its effective date.