HB 4092

83rd OREGON LEGISLATIVE ASSEMBLY--2026 Regular Session
  Enrolled
  House Bill 4092
Sponsored by Representatives PHAM H, WATANABE, Senators REYNOLDS, GELSER BLOUIN,
   NERON MISSLIN; Representatives ANDERSEN, BOWMAN, CHOTZEN, HUDSON, ISADORE,
   RIEKE SMITH, SOSA, WALTERS, WISE, Senators CAMPOS, FREDERICK, MANNING JR,
   MEEK, PATTERSON, SOLLMAN (Presession filed.)
  CHAPTER .................................................
  AN ACT
Relating to child safety systems.
Be It Enacted by the People of the State of Oregon:
    SECTION 1. (1) As used in this section:
    (a) “Child safety system” means a device or system for restraining, seating or positioning
a child within a motor vehicle, including a device or system that is portable or detachable
from a motor vehicle or a device or system that a purchaser can integrate with or use to
replace a child safety system built into the motor vehicle.
    (b) “Federal standard” means a specification for child restraint systems that the National
Highway Traffic Safety Administration has adopted under 49 C.F.R. 571.213 as of the effective
date of this 2026 Act.
    (c) “Motor vehicle” means a motor vehicle that is designed primarily to transport indi-
viduals with seating for one or more passengers side-by-side with the operator of the motor
vehicle.
    (d) “Purchaser” means an individual resident of this state.
    (e) “Retailer” means a person that sells or offers for sale a child safety system.
    (f)(A) “Retail platform operator” means a person that operates an online or other mar-
ketplace that enables purchasers to select, pay for and receive a child safety system and:
    (i) Offers child safety systems for sale by the person or by other, third party sellers that
offer goods through the marketplace for which the marketplace is the seller of record; or
    (ii) Fulfills orders for child safety systems through a centralized fulfillment, distribution
or warehouse network and from inventory that the person owns, leases or otherwise con-
trols.
    (B) “Retail platform operator” does not include:
    (i) A financial institution, as defined in ORS 706.008, a payment processor or payment
clearance system operator; or
    (ii) A person that facilitates transactions on behalf of a retailer that is the seller of re-
cord and fulfillment occurs from a physical retail location of the retailer.
    (2) A retailer may not knowingly sell or offer for sale to a purchaser, and a retail plat-
form operator may not knowingly permit a retailer to sell or offer for sale to a purchaser,
a child safety system intended for use in a motor vehicle that does not meet the federal
standard or standards the Department of Transportation adopts under ORS 815.055.
Enrolled House Bill 4092 (HB 4092-A)  Page 1
     (3) A retail platform operator may not permit a retailer to advertise or offer for sale on
the operator’s retail platform a child safety system that is intended for use in a motor ve-
hicle and is available for purchase and delivery to a purchaser unless the retailer
affirmatively discloses in writing to the retail platform operator whether the child safety
system complies with the federal standard or standards the Department of Transportation
adopts under ORS 815.055.
     (4) A person that violates subsection (2) or (3) of this section shall, upon a written de-
mand from a purchaser, cure the violation within 30 days after receiving the purchaser’s
demand.
     (5)(a) A purchaser who delivers a written demand under subsection (4) of this section
may, within 30 days after the date of the purchaser’s demand, bring an action in a court of
this state against a person that fails to cure a violation of subsection (2) or (3) of this sec-
tion. The purchaser may obtain in the action:
     (A) The greater of the purchaser’s actual damages or statutory damages of $500; and
     (B) Such other equitable relief as the court may specify.
     (b) The court may award attorney fees and costs at trial and on appeal to a prevailing
plaintiff.
Passed by House February 18, 2026  Received by Governor:
  ........................M.,........................................................., 2026
       ..................................................................................
  Approved:
  Timothy G. Sekerak, Chief Clerk of House
  ........................M.,........................................................., 2026
       ..................................................................................
  Julie Fahey, Speaker of House
  ..................................................................................
  Tina Kotek, Governor
Passed by Senate February 26, 2026
  Filed in Office of Secretary of State:
       ..................................................................................   ........................M.,........................................................., 2026
  Rob Wagner, President of Senate
  ..................................................................................
  Tobias Read, Secretary of State
Enrolled House Bill 4092 (HB 4092-A)  Page 2