BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 177|
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THIRD READING
Bill No: SB 177
Author: Lowenthal (D)
Amended: As introduced
Vote: 21
SEN. TRANSPORTATION & HOUSING COMMITTEE : 7-4, 3/31/09
AYES: Lowenthal, DeSaulnier, Kehoe, Oropeza, Pavley,
Simitian, Wolk
NOES: Huff, Ashburn, Harman, Hollingsworth
NO VOTE RECORDED: Vacancy, Vacancy
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Vehicles: child passengers
SOURCE : Author
DIGEST : This bill provides that a child who is six years
of age or younger or who weighs less than 60 pounds may be
seated in the front seat of a vehicle when all of the back
seats are already occupied by children under age eight.
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.
CONTINUED
SB 177
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A child under six or 60 pounds may be transported in the
front seat of a vehicle if:
1.There is no rear seat.
2.The rear seats are side-facing jump seats.
3.The rear seats are rear-facing seats.
4.The child seat cannot be installed properly in the rear
seat.
5.Medical reasons necessitate that the child cannot ride in
the rear seat.
6.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.Allows a child who is six years of age or younger or who
weighs less than 60 pounds to be seated in the front seat
when all of the back seats are already occupied by
children under age eight, rather than age 12.
2.Deletes obsolete provisions of law related to child
safety seats and seatbelts.
Comments
Purpose . Existing law permits a young child (ages one to
six) to be seated in the front seat when all the rear seats
are occupied by children who are as old as age 11. The
Children's Hospital of Philadelphia reports that children
who are in the front seat are 40 percent more likely to be
injured than children in the rear seat of a motor vehicle.
Having a two-year old or five-year old in the front seat,
in lieu of an 11 year old, therefore, makes little sense
from a safety perspective, given that younger children are
more vulnerable in the event of a collision. This bill
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corrects the error in existing law that allows this seating
arrangement to occur legally.
Prior Legislation . Very similar to this bill, AB 2108
(Evans), 2005-06 Session, and AB 881 (Mullin), 2007-08
Session, each included a provision allowing children under
age six to be seated in the front seat only if all the rear
seats are occupied by children under age six. Those bills'
primary change to existing law, however, was to increase to
eight the age at which children are required to ride in a
child safety seat. Because of that provision, the Governor
vetoed AB 2018 in 2006 and AB 881 the next year.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/21/09)
American Federation of State, County and Municipal
Employees, AFL-CIO
California Coalition for Children's Safety and Health
JJA:cm 4/21/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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