House File 366 - Introduced HOUSE FILE 366 BY SWEENEY A BILL FOR An Act relating to the sale of child restraint systems and 1 making a penalty applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2396HH (3) 84 dea/rj

H.F. 366 Section 1. NEW SECTION . 321.447 Sales of child restraint 1 systems. 2 1. For the purposes of this section, the following 3 definitions apply: 4 a. “At retail” means to sell a child restraint system to a 5 person who will devote it to a consumer use. 6 b. “Child restraint system” means the same as defined in 7 section 321.446. 8 c. “Used child restraint system” means a child restraint 9 system which has been sold at retail in this or any other 10 state. 11 2. A child restraint system sold in this state shall bear 12 the manufacturer’s label showing the make, model, and date of 13 manufacture, and shall be accompanied by the manufacturer’s 14 instruction manual. 15 3. A person shall not sell any of the following: 16 a. A used child restraint system or parts of a used child 17 restraint system. 18 b. A child restraint system that is damaged, except for 19 cosmetic damage. 20 c. A child restraint system with a missing part, including 21 but not limited to a locking clip, latch belt, or harness 22 retainer. 23 d. A child restraint system beyond the manufacturer’s 24 expiration date or more than six years past the date of 25 manufacture. 26 e. A child restraint system with an expired warranty. 27 f. A child restraint system for which the manufacturer has 28 issued a recall. 29 EXPLANATION 30 This bill imposes restrictions on the sale of child 31 restraint systems. Pursuant to current law relating to child 32 safety in motor vehicles, “child restraint system” means a 33 specially designed seating system, including a belt-positioning 34 seat or a booster seat, that meets federal motor vehicle safety 35 -1- LSB 2396HH (3) 84 dea/rj 1/ 2

H.F. 366 standards. The bill defines “used child restraint system” as a 1 system which has been sold at retail. 2 The bill requires that a child restraint system sold in this 3 state must bear the manufacturer’s label showing the make, 4 model, and date of manufacture, and must be accompanied by the 5 manufacturer’s instruction manual. 6 The bill prohibits the sale of used child restraint systems 7 or parts of used child restraint systems in this state. The 8 bill also prohibits the sale of a child restraint system that 9 is damaged, except for cosmetic damage; a system with missing 10 parts; a system that has passed the manufacturer’s expiration 11 date or is more than six years past the date of manufacture; 12 a system with an expired warranty; or a system for which the 13 manufacturer has issued a recall. 14 Pursuant to current law, unless another penalty is 15 specified, a violation of a motor vehicle provision is a simple 16 misdemeanor. A simple misdemeanor is punishable by confinement 17 for no more than 30 days or a fine of at least $65 but not more 18 than $625 or by both. 19 -2- LSB 2396HH (3) 84 dea/rj 2/ 2