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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