BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 929|
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                              UNFINISHED BUSINESS


          Bill No:  SB 929
          Author:   Evans (D)
          Amended:  7/14/11
          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

           SENATE FLOOR  :  26-12, 05/31/11
          AYES:  Alquist, Blakeslee, Calderon, Corbett, Correa, De 
            León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, 
            Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, 
            Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, 
            Yee
          NOES:  Anderson, Cannella, Dutton, Emmerson, Fuller, 
            Gaines, Harman, Huff, La Malfa, Runner, Walters, Wyland
          NO VOTE RECORDED:  Berryhill, Strickland

           ASSEMBLY FLOOR  :  48-27, 08/15/11 - See last page for vote


           SUBJECT  :    Vehicles:  child passenger restraints

           SOURCE  :     California Coalition for Childrens Safety and 
          Health
                      Safe Kids California
                      California State Alliance of YMCAs

                                                           CONTINUED





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           DIGEST  :    This bill provides that children remain in 
          booster seats an additional two years until they reach age 
          eight or four feet nine inches tall or taller.

           Assembly Amendments  require children remain in booster 
          seats until they reach age eight or four feet nine inches 
          tall, define the terms "properly restrained by a safety 
          belt," eliminate the requirement for local governments to 
          provide low cost or loaner child passenger safety 
          restraints to persons found in violation of child safety 
          seat laws, and prohibit a child from riding in the front 
          seat of a car with an active air bag if they are in a rear 
          facing child passenger restraint.

           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 
          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.Defines "properly restrained by a safety belt" to mean 
            that the lower (lap) portion of the belt crosses the hips 







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            or upper thighs of the occupant and the upper (shoulder) 
            portion of the belt, if present, crosses the chest in 
            front of the occupant. 

          2.Repeals and recasts provisions prohibiting the transport 
            of a child under six years of age who weighs less than 60 
            pounds without being properly secured in a child safety 
            seat and instead requires that a child be transported in 
            a child safety seat until age eight. 

          3.Exempts children under age eight from the requirement to 
            ride in a child safety seat if that child is 4' 9" tall 
            or taller before his or her 8th birthday. 

          4.Eliminates the requirement for local governments to 
            provide low cost or loaner child passenger safety 
            restraints to persons found in violation of child safety 
            seat laws. 

          5.Removes the requirement prohibiting infants from riding 
            in the front seat of a car with an active air bag if they 
            are one year of age or under 20 pounds and instead 
            specifies that no child may ride in the front seat of a 
            car with an active air bag if they are in a rear facing 
            child passenger restraint. 

          6.Finds and declares that this bill allows the state to 
            become eligible for federal grants pursuant to Safe, 
            Accountable, Flexible, and Efficient Transportation 
            Equity Act:  A Legacy for Users (SAFETEA-LU). 

          7.Makes related, clarifying amendments. 

           Comments
           
          According to the author's office, California's child 
          passenger safety laws do not adequately protect children 
          ages six and seven.  By introducing this bill, the author 
          intends to save children's lives and prevent injuries by 
          mandating that children remain in booster seats an 
          additional two years, until they turn eight years old.  The 
          author cites that under this bill, parents who currently 
          own booster seats for children under age six could simply 
          use the same booster seat for that child until he or she 







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          turns eight years old or until the child reaches 4' 9" in 
          height. 

          The National Highway Transportation Safety Administration 
          recommends that 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 4' 9" tall or taller, 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 cost of a booster seat typically ranges between $15 and 
          $45.  Despite this relatively low cost, booster seats, when 
          used for children ages four to eight years old, can 
          substantially reduce the risk of injury and death when a 
          vehicle is involved in a crash.  The child advocacy group, 
          Partners for Child Passenger Safety (PCPS), reports that 
          car crash injuries are the leading cause of death and 
          acquired disability in children between ages four and 
          eight. PCPS reports that children ages four through seven 
          in states with booster seat laws are 39 percent more likely 
          to be appropriately restrained in a booster seat or child 
          safety seat than children in states without such laws.  
          PCPS also cites statistics showing that booster seat use 
          for children ages four through seven decreases the risk of 
          injury by 59 percent as compared to the use of seat belts 
          alone. 

          Moreover, by requiring children to use booster seats for an 
          additional two years, California would become eligible for 
          federal transportation funds under SAFETEA-LU for public 
          education programs and programs to provide no-cost and 
          low-cost booster seats to families in need. While funding 
          varies from year to year based on the number of applicants, 
          overall grant funding available in prior years has ranged 
          from $6 to $7 million per year. 

          The author notes that, to date, 38 states and the District 
          of Columbia have enacted provisions in their child 
          passenger safety laws to address the use of booster seats 
          for children who have outgrown their child safety seats but 
          are too small to use an adult seat belt safely.  In fact, 
          the Legislature twice past legislation AB 1290 (Evans) of 







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          2006 and AB 881 (Mullin) of 2007 requiring the use of 
          booster seats until a child reaches age eight or 4' 9" in 
          height.  Then-Governor Schwarzenegger vetoed both bills. In 
          his veto messages, the Governor who cited the need to work 
          towards compliance with existing requirements rather than 
          to enact new requirements as his reason for vetoing the 
          bills. 

          Arguably, there have been efforts by the California Highway 
          Patrol (CHP) to further increase compliance with existing 
          seatbelt laws.  CHP officers have executed a variety of 
          campaigns in recent years to increase awareness regarding 
          the importance of seat belt use for both children and 
          adults.  Funds for the campaign have been provided by the 
          Office of Traffic Safety, specifically to fund overtime CHP 
          officers to patrol roads and find drivers or passengers who 
          are in violation of the seat belt laws or child safety 
          restraint laws. 

           Related legislation
           
          SB 42 (Speier), Chapter 84, Statutes of 2001, required 
          children less than six years of age or weighing less than 
          60 pounds to use a booster seat. 

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

          AB 2108 (Evans) of 2006, would have increased the age 
          requirement for children to be restrained by a child 
          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.  This 
          bill was vetoed by the Governor who stated in his veto 
          message that education of and compliance with existing laws 
          is a better way to protect children. 

          AB 881 (Mullin) of 2007, would have increased the maximum 
          age of children would be 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 4' 9" tall.  This bill was vetoed by the 







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          Governor. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/17/11)

          California Coalition for Children's Safety and Health 
          (co-source) 
          Safe Kids California (co-source) 
          California State Alliance of YMCAs (co-source) 
          Advocates for Highway and Auto Safety
          Pacific Safety Council
          California State Council of Emergency Nurses Association
          Safety Belt Safe USA
          Safe Kids USA
          Livermore Police Department
          Livermore Police Officer's Association
          Safe Kids Sonoma County
          Safe Kids Greater Sacramento
          Safe Kids San Diego



           ASSEMBLY FLOOR  :  48-27, 08/15/11
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Bradford, Brownley, Buchanan, Butler, Charles Calderon, 
            Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, 
            Feuer, Fong, Fuentes, Furutani, Gatto, Gordon, Hall, 
            Hayashi, Roger Hernández, Hill, Hueso, Huffman, Lara, 
            Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, 
            Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, 
            Swanson, Torres, Wieckowski, Williams, Yamada, John A. 
            Pérez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman, 
            Harkey, Huber, Jones, Knight, Logue, Mansoor, Miller, 
            Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, 
            Valadao, Wagner
          NO VOTE RECORDED:  Blumenfield, Bonilla, Galgiani, Gorell, 
            Jeffries


          JJA:nl  8/17/11   Senate Floor Analyses 







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                         SUPPORT/OPPOSITION:  SEE ABOVE

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