BILL ANALYSIS                                                                                                                                                                                                    Ó






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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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