BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 1452
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: hill
VERSION: 1/5/12
Analysis by: Carrie Cornwell FISCAL: yes
Hearing date: June 12, 2012
SUBJECT:
Child passenger restraint systems
DESCRIPTION:
This bill requires hospitals, clinics, and birthing centers,
when discharging a child, to give the parent or the person to
whom the child is released specific contact information for
organizations that provide assistance with the use, law, and
installation of child passenger restraint systems.
ANALYSIS:
Existing law prohibits a parent or guardian from transporting a
child who is eight years of age or younger, or who is less than
four feet nine inches tall in a motor vehicle, unless that child
is in a federally-approved child safety seat in the rear seat of
the vehicle. When a parent or guardian is not present, then
this responsibility falls to the driver of the vehicle.
Existing law requires that each time a hospital, clinic, or
birthing center discharges a child under age eight that
personnel must provide and discuss information on the current
law requiring child safety seats with the person to whom the
child is released.
This bill requires personnel from a hospital, clinic, and
birthing center, when discharging a child age eight or younger,
to provide and discuss with the person to whom the child is
released information to direct that person to a website or other
contact that could provide at no or low cost information and
assistance on child passenger restraint system requirements,
installation, and inspection. The bill specifies that such
contact information may include:
Seatcheck.org or its toll free phone number, 1-866-SEAT-CHECK.
(SeatCheck is an informational campaign led by the Chrysler
AB 1452 (HILL) Page 2
Corporation, along with private and public partners, to
promote safely securing children in motor vehicles.)
The telephone number of the local office of the California
Highway Patrol.
The website for the National Highway Traffic Safety
Administration's (NHTSA's) Child Safety Seat Inspection
Station Locator.
The website for the State Department of Public Health's child
passenger restraint system safety inspection locator.
COMMENTS:
1.Purpose . The author introduced this bill to improve the
safety of children traveling in motor vehicles by providing
parents with information about child passenger restraint
systems. The author notes that even though current law
already requires the use of child passenger restraint systems,
research by NHTSA shows that 70 percent of children are
improperly restrained. This stands in stark contrast to the
96 percent of parents who, according to SeatCheck, believe
their child safety seats are installed correctly. Additional
education and information about the correct usage of these
systems can save lives.
Motor vehicle crashes are the leading cause of death of children
3 to 14 years of age. NHTSA estimates that proper usage of
child safety seats could reduce fatal injury by 71% for
infants and by 54% for toddlers ages 1 to 4 years.
2.Previous legislation . In 2010, Governor Arnold Schwarzenegger
vetoed AB 2667 (Hill), a bill very similar to this one. His
veto message stated in part:
This measure would specify that a hospital would also have
to provide information to parents on how to contact
someone to assist in the installation of a child restraint
seat. While this additional requirement may not be
burdensome on hospitals, it is simply unnecessary.
Parents must take responsibility for the installation and
use of child restraint systems.
Assembly Votes:
Floor: 61 - 14
Appr: 14 - 1
Trans: 13 - 0
AB 1452 (HILL) Page 3
POSITIONS: (Communicated to the committee before noon on
Wednesday, June 6,
2012)
SUPPORT: American Academy of Pediatrics
American College of Emergency Physicians,
California Chapter
American Federation of State, County, and
Municipal Employees
The Child Abuse Prevention Center
Crime Victims United of California
SafetyBeltSafe U.S.A.
OPPOSED: None received.