BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                        AB 53


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          ASSEMBLY THIRD READING


          AB  
          53 (Cristina Garcia)


          As Amended  April 14, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                   |Noes                |
          |----------------+------+-----------------------+--------------------|
          |Transportation  |14-0  |Frazier, Achadjian,    |                    |
          |                |      |Baker, Bloom, Campos,  |                    |
          |                |      |Chu, Daly, Dodd,       |                    |
          |                |      |Eduardo Garcia, Gomez, |                    |
          |                |      |Linder, Medina,        |                    |
          |                |      |Melendez, O'Donnell    |                    |
          |                |      |                       |                    |
          |----------------+------+-----------------------+--------------------|
          |Appropriations  |14-3  |Gomez, Bigelow, Bloom, |Gallagher, Jones,   |
          |                |      |Bonta, Calderon,       |Wagner              |
          |                |      |Chang, Daly, Eggman,   |                    |
          |                |      |Eduardo Garcia,        |                    |
          |                |      |Holden, Quirk, Rendon, |                    |
          |                |      |Weber, Wood            |                    |
          |                |      |                       |                    |
          |                |      |                       |                    |
           -------------------------------------------------------------------- 


          SUMMARY:  Requires a child under two years of age to be properly  
          secured in a rear facing child safety seat (CSS) while being  
          transported in a motor vehicle, as specified.  Requires the  
          provisions specified in this bill to become operative on January  








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          1, 2017.


          EXISTING LAW:  


          1)Requires a parent, legal guardian, or the driver of a motor  
            vehicle to properly secure a child under age eight in the  
            appropriate passenger restraint system while transporting the  
            child in a motor vehicle.


          2)Provides that a violation of the abovementioned requirement is  
            subject to a $100 fine for the first offense and a $250 fine for  
            the second and every subsequent offense.  


          3)Provides a number of exemptions for the abovementioned  
            requirement, including a court issued exemption or a child  
            exceeding height and weight requirements, as specified.  


          4)Requires a public or private hospital, clinic, or birthing  
            center to discuss and provide documentation related to the  
            requirements of child passenger restraint systems and  
            transporting a child under age eight, as specified. 


          5)Requires the Department of Motor Vehicles (DMV) to prepare and  
            disseminate educational materials related to passenger restraint  
            requirements for infants and children under age 15.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, "Minor non-reimbursable cost to local law enforcement  
          agencies for enforcement, offset to some extent by fine revenues.   
          Any costs to CHP [California Highway Patrol] and DMV will be minor  
          and absorbable."









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          COMMENTS:  A report released in 2010 by the National Highway  
          Traffic Safety Administration (NHTSA) reported that injuries  
          suffered in a motor vehicle traffic crashes are the leading cause  
          of death among children in the United States.  The report further  
          concluded that various studies have shown that children who are  
          correctly using the appropriate restraint for their sizes and ages  
          are at a significantly lower risk of sustaining serious or fatal  
          injuries.  Additionally, the Centers for Disease Control and  
          Prevention reports that motor vehicle fatalities are the second  
          leading cause of death for children age two and under.  


          In March 2011, the American Academy of Pediatrics (AAP) released a  
          revised set of passenger safety recommendations when transporting  
          children under age 13 in a motor vehicle.  AAP's recommendation  
          included having infants and toddlers ride in rear-facing CSS until  
          they reach two years of age or until they reach the maximum weight  
          or height allowed by the CSS manufacturer.  This recommendation  
          also advises state lawmakers to consider "phasing-in" the  
          rear-facing requirement over a minimum two-year period in order to  
          educate parents on the safety benefits of rear-facing CSSs.  


          The AAP's recommendations were based on the evaluation of a series  
          of studies and research that determined, when properly used, CSSs  
          reduce the risk of injury by 71% to 82% and reduce the risk of  
          death by 28% when compared to children of the same age only using  
          a seatbelt.  The research shows that, during an accident, a rear  
          facing CSS benefits children under age two due to the increased  
          support to the child's head that is relatively larger, heavier,  
          and more developed than the child's neck and spine.  Thus, the  
          potential for a child's head to snap forward and break their necks  
          and/or injure their spinal cords is significantly minimized.     


          Although the safety benefits of using a rear facing CSS is well  
          documented, studies indicate many parents turn CSSs front facing  
          too early.  For example, a study by the University of Michigan  








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          found that only 23% of parents kept their child in a rear facing  
          CSS until age two.  On the other hand, other reports show parents  
          are reluctant to keep a child rear facing in order to avoid  
          distractions from an uncooperative child or due to the lack of leg  
          room (depending on the size of the vehicle).  


          This bill intends to reduce the injury risk of infants and  
          toddlers involved in motor vehicle accidents by requiring children  
          under age two to be placed in a rear facing CSS when transported  
          in a motor vehicle.  This bill also includes exemptions based on a  
          child's height and weight in addition to requiring parents to  
          comply with the CSS manufacturer's height and weight limitations.   
          The author notes, this bill "will help protect against the tragedy  
          of traffic fatalities involving toddlers and keep California  
          children safe. California could be the first state in the nation  
          to pass this important law to protect our youngest residents."  




          Analysis Prepared by:                                               
          Manny Leon / TRANS. / (916) 319-2093  FN: 0000300