HOUSE FILE 366

BY  SWEENEY

A BILL FOR

An Act relating to the sale of child restraint systems and making a penalty applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  321.447  Sales of child restraint systems.
   1.  For the purposes of this section, the following definitions apply:
   a.  “At retail” means to sell a child restraint system to a person who will devote it to a consumer use.
   b.  “Child restraint system” means the same as defined in section 321.446.
   c.  “Used child restraint system” means a child restraint system which has been sold at retail in this or any other state.
   2.  A child restraint system sold in this state shall bear the manufacturer’s label showing the make, model, and date of manufacture, and shall be accompanied by the manufacturer’s instruction manual.
   3.  A person shall not sell any of the following:
   a.  A used child restraint system or parts of a used child restraint system.
   b.  A child restraint system that is damaged, except for cosmetic damage.
   c.  A child restraint system with a missing part, including but not limited to a locking clip, latch belt, or harness retainer.
   d.  A child restraint system beyond the manufacturer’s expiration date or more than six years past the date of manufacture.
   e.  A child restraint system with an expired warranty.
   f.  A child restraint system for which the manufacturer has issued a recall.
EXPLANATION
   This bill imposes restrictions on the sale of child restraint systems. Pursuant to current law relating to child safety in motor vehicles, “child restraint system” means a specially designed seating system, including a belt-positioning seat or a booster seat, that meets federal motor vehicle safety standards. The bill defines “used child restraint system” as a system which has been sold at retail.
   The bill requires that a child restraint system sold in this state must bear the manufacturer’s label showing the make, model, and date of manufacture, and must be accompanied by the manufacturer’s instruction manual.
   The bill prohibits the sale of used child restraint systems or parts of used child restraint systems in this state. The bill also prohibits the sale of a child restraint system that is damaged, except for cosmetic damage; a system with missing parts; a system that has passed the manufacturer’s expiration date or is more than six years past the date of manufacture; a system with an expired warranty; or a system for which the manufacturer has issued a recall.
   Pursuant to current law, unless another penalty is specified, a violation of a motor vehicle provision is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days or a fine of at least $65 but not more than $625 or by both.