BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 53             Hearing Date:     7/7/2015
           ----------------------------------------------------------------- 
          |Author:   |Cristina Garcia                                       |
          |----------+------------------------------------------------------|
          |Version:  |4/14/2015                                             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:  |No                     |Fiscal:      |Yes             |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant|Christine Hochmuth                                    |
          |:         |                                                      |
           ----------------------------------------------------------------- 
          

          SUBJECT:  Vehicles:  child safety seats


            DIGEST:  This bill establishes requirements for securing  
          children under the age of two in rear-facing child seats in  
          vehicles.

          ANALYSIS:
          
          Existing law establishes requirements for child passenger  
          restraints.  With certain exceptions, children under eight  
          cannot be transported in motor vehicles without being properly  
          secured in a back seat with an appropriate child passenger  
          restraint system which conforms to federal standards, unless the  
          parent or legal guardian is present and is not the driver.  The  
          court may exempt any class of child by age, weight, or size if  
          the restraint system is determined to be impractical due to  
          limitations of physical unfitness, medical condition, or size.   
          A violation of these provisions results in a fine of $100 for  
          the first offense and $250 for a second or subsequent offense.   
          The Department of Motor Vehicles (DMV) is required to prepare  
          and disseminate educational materials related to passenger  
          restraint requirements for infants and children under age 15.  

          This bill:

          1)Adds a sunset clause of January 1, 2017 to the existing child  
            passenger restraint law for children younger than eight years  
            of age.








          AB 53 (Cristina Garcia)                           Page 2 of ?
          
          
          2)As of January 1, 2017, enacts the following provisions: 

             a)   Requires a parent, legal guardian, or driver to secure  
               children under eight, while traveling in a motor vehicle,  
               in a rear seat with an appropriate child passenger  
               restraint system meeting federal standards.

             b)   Requires a parent, legal guardian, or driver to secure  
               children under the age of two, while traveling in a motor  
               vehicle, in a rear-facing child passenger restraint system  
               meeting federal standards.

             c)   Includes an exemption for children under two that weigh  
               40 or more pounds or are 40 or more inches tall.

             d)   Requires that the child be secured in compliance with  
               the passenger restraint manufacturer's specifications. 

          COMMENTS:

          Purpose.  The author states this bill is necessary due to the  
          high incidence of injury and mortality of young children  
          involved in motor vehicle crashes.  Motor vehicle crashes are  
          the leading cause of death for children ages 1 through 12,  
          killing over 1,000 children each year.  The author cites studies  
          that find almost three-quarters of parents turn car seats to  
          face forward sooner than recommended by the American Academy of  
          Pediatricians (AAP).  The author believes this bill will help  
          parents to better protect their children.  

          Recommendations from AAP.  In 2011, AAP released a technical  
          report on child passenger safety in which it recommends that all  
          infants and toddlers should ride in a rear-facing child safety  
          seat (CSS) until they are two years of age or until they reach  
          the highest weight or height allowed by the manufacturer of  
          their CSS. AAP's recommendations are based on U.S. crash data  
          that found children in forward-facing CSSs were significantly  
          more likely to be seriously injured when compared to children  
          restrained in rear-facing CSSs in all crash types.  Rear-facing  
          CSSs support the child's head and may prevent the relatively  
          large head from moving independently of the proportionately  
          smaller neck.  AAP additionally advises state law makers to  
          consider "phasing-in" the rear-facing requirement over a minimum  
          two-year period in order to allow time to educate parents on the  
          safety benefits of rear-facing CSSs.








          AB 53 (Cristina Garcia)                           Page 3 of ?
          
          

          Confusing standards?  The recommendation from AAP, upon which  
          this legislation is modeled, is to face the rear until 2 years  
          of age or until the child reaches the highest weight or height  
          allowed by the manufacturer of the CSS.  This bill similarly  
          requires that children be secured in compliance with CSS  
          manufacturer's specifications, but also adds an additional,  
          potentially conflicting, exemption for children greater than 40  
          pounds or 40 inches.  

          Certain car seats on the market are convertible and are rated to  
          be rear-facing up to a specific height/weight, after which they  
          can be converted to be forward-facing.  What should happen in  
          the case of a child who is younger than 2, exceeds the  
          manufacturer's requirements for rear-facing, but does not meet  
          the 40 pounds/40 inches exemption?  Which provision should  
          parents follow in order to be compliant?  If this bill passes,  
          the delayed implementation is intended to give parents time to  
          understand the law and purchase the proper CSS for their child.

          Related Legislation:
          
          SB 929 (Evans, Chapter 474, Statutes of 2011) - prohibits a  
          parent, legal guardian, or driver from transporting on a highway  
          in a motor vehicle, as defined, a child or ward who is under 8  
          years of age without securing that child in an appropriate child  
          passenger restraint system meeting applicable federal motor  
          vehicle safety standards.
          
          SB 177 (Lowenthal, 2009) - allowed certain children to sit in  
          the front seat under an exception, lowering the age of the  
          children occupying the rear seats from 12 to 8 years of age.  SB  
          177 died in the Assembly Transportation Committee.
          
          AB 881 (Mullin, 2007) - required a child who is under 8 years of  
          age to be secured in a rear seat in an appropriate child  
          passenger restraint system.  AB 881 was vetoed by Governor  
          Schwarzenegger.
          
          AB 2108 (Evans, 2006) - required a child who is under 8 years of  
          age to be secured in a rear seat in an appropriate child  
          passenger restraint system.  AB 2108 was vetoed by Governor  
          Schwarzenegger. 
          
          AB 1697 (Pavley, Chapter 524, Statutes of 2003) - requires that  








          AB 53 (Cristina Garcia)                           Page 4 of ?
          
          
          a child or ward who is less than 6 years of age or weighs less  
          than 60 pounds be secured in a rear seat in a specified child  
          passenger restraint system.

          Assembly Votes:
            Floor:    65-13 
            Appr:     14-3 
            Trans:    14-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            




          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          July 1, 2015.)

          SUPPORT:  

          AAA Northern California, Nevada, and Utah
          American Academy of Pediatrics, California
          American College of Emergency Physicians - California Chapter
          American Medical Response
          California Academy of Preventative Medicine
          California Association of Highway Patrolmen
          California Coalition for Children's Safety and Health
          California Medical Association
          California State Firefighters' Association
          California State PTA
          Early Edge California
          El Camino Children and Family Services Inc.
          National Safety Council
          Nationwide Insurance
          Personal Insurance Federation of California
          State Farm Mutual Automobile Insurance Company
          Zero to Three Western Office

          OPPOSITION:

          None received








          AB 53 (Cristina Garcia)                           Page 5 of ?
          
          
          
          

                                      -- END --