BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 929|
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                                 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 
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          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 

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          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

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