LRB-2076/1
ARG&RPN:cmh&wlj:pg
2003 - 2004 LEGISLATURE
October 27, 2003 - Introduced by Representatives Kreibich, Jensen, Ladwig,
Owens, Albers, Bies, Hines, Seratti, Ott, Townsend, Musser, McCormick,
Gielow and Balow, cosponsored by Senators Brown, Reynolds, Roessler,
Cowles, Lassa and
Stepp. Referred to Committee on Judiciary.
AB621,1,3
1An Act to create 895.497 of the statutes;
relating to: immunity from civil
2liability for providing safety services related to the inspection and installation
3of child safety restraint systems in motor vehicles.
Analysis by the Legislative Reference Bureau
Current law provides certain persons with immunity from civil liability under
specified circumstances. For example, ski patrol members, and health care
professionals who render emergency care without compensation, are immune from
civil liability for their acts or omissions under certain circumstances. Organizations
that donate food and some goods may also be immune from civil liability arising from
the donated food or goods under limited circumstances.
This bill provides immunity from civil liability to a child passenger safety
technician who, in good faith, inspects, installs, fits, or adjusts any child safety
restraint system, or who provides education or other assistance or advice relating to
the safe installation, fitting, or adjustment of child safety restraint systems.
However, no immunity applies if the person receives compensation for providing the
services or provides the services in a reckless, wanton, or intentionally wrongful
manner. The bill also provides immunity to certain organizations with respect to
their participation in safety programs that provide assistance, inspections,
education, or advice to the public in the fitting, installation, or adjustment of child
safety restraint systems.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB621, s. 1
1Section
1. 895.497 of the statutes is created to read:
AB621,2,3
2895.497 Liability exemption: furnishing safety services relating to
3child safety restraint systems. (1) In this section:
AB621,2,74
(a) "Child passenger safety technician" means a person who holds a valid
5certification as a child passenger safety technician or technician instructor issued by
6the National Highway Traffic Safety Administration or any entity authorized by the
7National Highway Traffic Safety Administration to issue such certifications.
AB621,2,118
(b) "Safety program" means any program utilizing the services of child
9passenger safety technicians and not conducted for pecuniary profit that provides
10assistance, inspections, education, or advice to the public in the fitting, installation,
11or adjustment of child safety restraint systems.
AB621,2,1312
(c) "Sponsoring organization" means any person or organization that does any
13of the following:
AB621,2,1414
1. Employs a child passenger safety technician.
AB621,2,1515
2. Sponsors, offers, or organizes any safety program.
AB621,2,1616
3. Owns property on which a safety program is conducted.
AB621,2,21
17(2) (a) A child passenger safety technician who inspects, installs, fits, or adjusts
18any child safety restraint system specified under s. 347.48 (4), or who provides
19education or other assistance or advice relating to the safe installation, fitting, or
20adjustment of child safety restraint systems, is immune from civil liability for his or
21her acts or omissions in rendering in good faith such services.
AB621,3,1
1(b) The immunity under par. (a) does not extend to any of the following:
AB621,3,32
1. A person who receives compensation for providing the services specified in
3par. (a), other than reimbursement for expenses.
AB621,3,54
2. A person whose acts or omissions in providing the services specified in par.
5(a) involve reckless, wanton, or intentional misconduct.
AB621,3,106
(c) The good faith of a person in providing the services specified in par. (a) is
7presumed in any civil action if the services provided are within the scope of the
8person's training for which the person has been certified. Any person who asserts
9that the acts or omissions under par. (a) were not made in good faith has the burden
10of proving that assertion by clear and convincing evidence.
AB621,3,15
11(3) A sponsoring organization is immune from civil liability arising from any
12acts or omissions of a child passenger safety technician in providing services
13specified in sub. (2) (a) or arising in connection with a safety program if the
14sponsoring organization receives no compensation for the services provided by the
15child passenger safety technician or for participating in the safety program.
AB621,3,1817
(1) This act first applies to services provided on the effective date of this
18subsection.
