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 Page 2 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 Page 3 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