BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 53|
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THIRD READING
Bill No: AB 53
Author: Cristina Garcia (D)
Amended: 4/14/15 in Assembly
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 10-1, 7/7/15
AYES: Beall, Cannella, Allen, Bates, Galgiani, Leyva, McGuire,
Mendoza, Roth, Wieckowski
NOES: Gaines
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 65-13, 5/11/15 - See last page for vote
SUBJECT: Vehicles: child safety seats
SOURCE: Author
DIGEST: This bill establishes requirements for securing
children under the age of 2 in rear-facing child seats in
vehicles.
ANALYSIS: Existing law establishes requirements for child
passenger restraints. With certain exceptions, children under 8
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
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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 8 years of
age.
2)Enacts, as of January 1, 2017, the following provisions:
a) Requires a parent, legal guardian, or driver to secure
children under 8, 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 2, while traveling in a motor
vehicle, in a rear-facing child passenger restraint system
meeting federal standards.
c) Includes an exemption for children under 2 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
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seat (CSS) until they are 2 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.
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
manufacturers' 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/17/15)
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
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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: (Verified8/17/15)
None received
ASSEMBLY FLOOR: 65-13, 5/11/15
AYES: Achadjian, Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta,
Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu,
Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman,
Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez,
Low, Maienschein, McCarty, Medina, Melendez, Mullin, Nazarian,
O'Donnell, Patterson, Perea, Quirk, Rendon, Ridley-Thomas,
Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,
Ting, Waldron, Weber, Williams, Wood
NOES: Travis Allen, Brough, Beth Gaines, Gallagher, Grove,
Harper, Jones, Kim, Mathis, Obernolte, Olsen, Wagner, Wilk
NO VOTE RECORDED: Mayes, Atkins
Prepared by:Christine Hochmuth / T. & H. / (916) 651-4121
8/20/15 13:38:54
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