BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 929
                                                                  Page  1

          Date of Hearing:   July 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 929 (Evans) - As Amended:  June 20, 2011 

          Policy Committee:                              
          TransportationVote:8-3

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill modifies child carseat laws to increase the age at 
          which children must no longer use a booster seat.  Specifically, 
          this bill:

          1)Repeals the requirement that a child who is under six years 
            old or who weighs less than 60 pounds use a child passenger 
            restraint system.

          2)Requires a child who is under eight years old to sit in the 
            rear seat of a vehicle and to use an appropriate child 
            passenger restraint system.

          3)Exempts from the child safety seat requirement a child who is 
            under eight years of age but who is a least four feet nine 
            inches tall.

          4)Allows a child who is under eight years and who is at least 
            four feet nine inches tall to ride in the front seat of a 
            vehicle, under limited circumstances, including that the child 
            is not in a rear-facing child passenger safety seat.

          5)Removes the requirement that a local government provide a 
            low-cost or loaner child passenger safety seat to an 
            economically disadvantaged family, a member of which has 
            violated child passenger safety seat laws.

          6)Asserts, on behalf of the Legislature, that the provisions of 
            the bill allow the state be eligible for federal 
            transportation grants.









                                                                  SB 929
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           FISCAL EFFECT 

          Negligible state costs.

           COMMENTS  

           1)Rationale.   The author intends this bill the increase the age 
            through which children use booster seats, thereby reducing 
            injury and death resulting from traffic accidents. 

           2)Background.   Motor vehicle accidents cause about one of every 
            three injury deaths of children 12 years of age and younger.  
            For children aged five years through 12, motor vehicle crashes 
            are the leading cause of death. Child passenger restraint 
            systems properly used by children can save their lives and 
            reduce their chance of injury in a motor vehicle accident.  

            The National Highway Transportation Safety Administration 
            (NHTSA) recommends children who have outgrown car seats with 
            an internal harness (usually at about four years old), 
            continue to ride in booster seats until they reach age eight 
            years or until they are at least four-feet-nine inches tall, 
            since booster seats help to ensure that the safety belt is 
            positioned properly across the child and restrains, rather 
            than injures, the child when an accident occurs.  

            The federal Safe, Accountable, Flexible, and Efficient 
            Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 
            2005 included a provision establishing child safety and child 
            booster seat incentive grants.  This provision requires the 
            Transportation Secretary to make grants to states that are 
            enforcing child booster seat laws for older children, funding 
            for which varies annually.  

           3)Related Legislation.  
           
             a)   AB 881 (Mullin) of 2007, would have increased the 
               maximum age of children required to be restrained by a 
               child passenger restraint system in the rear seat of a 
               vehicle from the current six years of age to under 
               eight-years-old or four-feet-nine inches tall.  The bill 
               was vetoed by the governor.

             b)   AB 2108 (Evans) 2006, would have increased the age 
               requirement for children to be restrained by a child 








                                                                  SB 929
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               passenger restraint system in the rear seat of a vehicle 
               from the current six years of age to eight-years-old as 
               well as removing the current 60-pound weight limit.  That 
               bill was vetoed by the governor who instead called for 
               better education and compliance with existing laws.

             c)   AB 1697 (Pavley, Chapter 524, Statutes of 2003), 
               required children less than six years old or less than 60 
               pounds to be properly secured in a child passenger 
               restraint system in the back seat of a vehicle.  

             d)   SB 42 (Speier, Chapter 84, Statutes of 2001), required 
               children less than six years of age or less than 60 pounds 
               to use a child passenger restraint system.



           4)Support  .  This bill is supported by several transportation 
            safety organizations, among others.

           5)There is no formal opposition registered to this bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081