H-3902.1 _______________________________________________
HOUSE BILL 2927
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Ruderman, Lovick, Kagi, Edwards and Kastama
Read first time 01/24/2000. Referred to Committee on Transportation.
AN ACT Relating to second-hand child safety seats; adding a new chapter to Title 19 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Child safety seat" means any device, except safety belts, designed for use in a motor vehicle to restrain, seat, or position a child who weighs fifty pounds or less.
(2) "Second-hand child safety seat" means any child safety seat that is being sold or distributed after its purchase by its original owner.
(3) "Distributing organization" means a charitable nonprofit organization under 26 U.S.C. Sec. 501(c) of the federal internal revenue code, or a public health agency acting on behalf of or in conjunction with a charitable nonprofit organization, which distributes children's items to needy persons free of charge and includes any nonprofit organization that distributes children's items free of charge to other nonprofit organizations or the public. A public health agency shall not otherwise be considered a distributing organization for purposes of this chapter when it is carrying out other functions and responsibilities under Title 70 RCW.
NEW SECTION. Sec. 2. (1) Any corporation, partnership, association, or distributing organization that sells or distributes second-hand child safety seats shall post and maintain at or near the point of sale, point of distribution, or display location, durable and legible signs informing the public of the dangers of using a second-hand child safety seat.
(2) The content of the sign shall conform with standards adopted by the Washington state patrol pursuant to section 3 of this act.
(3) A corporation, partnership, association, or distributing organization that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed five hundred dollars.
(4) Violation of this section or section 1 of this act is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Failure to comply with this chapter is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an unfair or deceptive act or practice in trade or commerce for the purposes of applying chapter 19.86 RCW.
NEW SECTION. Sec. 3. The Washington state patrol shall adopt standards regarding the minimum content and size of signs posted by corporations, partnerships, associations, or distributing organizations to warn consumers of the dangers of using a second-hand child safety seat. The content of the signs shall include text regarding the risks associated with unobservable damage to child safety seats, the risks related to the deterioration of the child safety seat components over time, inspection recommendations for the consumer when purchasing a second-hand child safety seat, phone numbers for the consumer to use to determine if a second-hand child safety seat has been recalled, and the risks that a child safety seat may not be subject to federal safety standards.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act constitute a new chapter in Title 19 RCW.
NEW SECTION. Sec. 5. This act takes effect July 1, 2000.
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