BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 929| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 929 Author: Evans (D) Amended: 4/25/11 Vote: 21 SENATE TRANSPORTATION & HOUSING COMM : 6-3, 05/03/11 AYES: DeSaulnier, Kehoe, Lowenthal, Pavley, Rubio, Simitian NOES: Gaines, Harman, Huff SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Vehicles: child passenger restraints SOURCE : Author DIGEST : This bill provides that a child who is six years of age or younger or who weighs less than 60 pounds may be seated in the front seat of a vehicle when all of the back seats are already occupied by children under age eight. ANALYSIS : Existing law prohibits a parent or guardian from transporting a child who is six years of age or younger or who weighs less than 60 pounds 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. A child under six or 60 pounds may be transported in the CONTINUED SB 929 Page 2 front seat of a vehicle if: There is no rear seat; The rear seats are side-facing jump seats; The rear seats are rear-facing seats; The child seat cannot be installed properly in the rear seat; Medical reasons necessitate that the child cannot ride in the rear seat; or All the rear seats are occupied by other children under age 12. In no case may a child who is under one year of age, 20 pounds, or riding in a rear-facing child seat be seated in a front seat with an active passenger air bag. This bill: 1.Allows a child who is six years of age or younger or who weighs less than 60 pounds to be seated in the front seat when all of the back seats are already occupied by children under age eight, rather than age 12. 2.Deletes obsolete provisions of law related to child safety seats and seatbelts. Comments Existing law permits a young child (ages one to six) to be seated in the front seat when all the rear seats are occupied by children who are as old as age 11. The Children's Hospital of Philadelphia reports that children who are in the front seat are 40 percent more likely to be injured than children in the rear seat of a motor vehicle. Having a two-year old or a five-year old in the front seat, in lieu of an eleven year old, therefore, makes little sense from a safety perspective, given that younger children are more vulnerable in the event of a collision. This bill corrects the error in existing law that allows this seating arrangement to occur legally. Prior Legislation Last session, SB 177 (Lowenthal) passed this committee by a CONTINUED SB 929 Page 3 7 to 4 vote on March 31, 2009 and was nearly identical to this bill. That bill passed the Senate, but it was never heard in the Assembly Transportation Committee. In two previous sessions, AB 2108 (Evans) of 2006 and AB 881 (Mullin) of 2007 each included a provision allowing children under age six to be seated in the front seat only if all the rear seats are occupied by children under age six. Those bills' primary change to existing law, however, was to increase to eight the age at which children are required to ride in a child safety seat. Because of that provision, Governor Schwarzenegger vetoed AB 2108 in 2006 and then AB 881 the next year. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes JJA:nl 5/17/11 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED