Legislature(2007 - 2008)BUTROVICH 205

02/05/2008 01:00 PM Senate TRANSPORTATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 218 CHILD SAFETY SEATS & SEAT BELTS TELECONFERENCED
Moved SB 218 Out of Committee
+= SB 236 TRANSPORTATION FUND TELECONFERENCED
Moved SB 236 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
             SB 218-CHILD SAFETY SEATS & SEAT BELTS                                                                         
                                                                                                                              
                                                                                                                                
CHAIR KOOKESH announced the consideration of SB 218.                                                                            
                                                                                                                                
1:06:47 PM                                                                                                                    
ALLISON  BIASTOCK,  Staff, Senator  French,  sponsor  of SB  218,                                                               
presented an  overview. She had  on display two booster  seats, a                                                               
backless model and a full back model.                                                                                           
                                                                                                                                
MS.  BIASTOCK said  that when  children use  adult seat  belts in                                                               
place of a proper child  safety device, injuries can occur. While                                                               
any  restraint is  better than  no restraint,  the use  of proper                                                               
child  safety  seats  and booster  seats  can  prevent  injuries.                                                               
Current  Alaska  law states  that  children  under four  must  be                                                               
secured   in   a  safety   device   meeting   US  Department   of                                                               
Transportation  (USDOT) standards.  SB  218 places  the U.S.  DOT                                                               
guidelines  into  statute.  A  color chart  in  the  bill  packet                                                               
explains which child belongs in what device.                                                                                    
                                                                                                                                
MS.  BIASTOCK  said  a  major  change in  statute  would  be  the                                                               
requirement those  children ages  four to eight  who do  not meet                                                               
height and  weight requirements need  to use a  seat belt-secured                                                               
booster  seat  or  approved  child-passenger  restraint.  Booster                                                               
seats  are in  essence  big kid  car seats.  In  most cases  when                                                               
children  outgrow their  child seat,  they are  too small  for an                                                               
adult seat belt.  The American Academy of  Pediatrics states that                                                               
booster seats are  60 percent safer than seat  belts alone. There                                                               
are  38 states  that currently  mandate booster  seats. Both  the                                                               
seats  on display  would put  a driver  into compliance  with the                                                               
language in SB 218. The backless  model sells for $14 to $25, and                                                               
the fullback model  costs $40. Both models cost less  than a tank                                                               
of  gas   for  most  vehicles.  The   committee  substitute  (CS)                                                               
clarifies the age at which a  child would use a booster seat. The                                                               
original bill might  have a 15 year  old who is small  for his or                                                               
her  age required  by law  to  use a  booster seat.  This is  the                                                               
reason  for wording  in the  CS making  it mandatory  for booster                                                               
seats for  kids four to eight  who do not meet  height and weight                                                               
requirements. If a  child is over eight it's up  to the parent or                                                               
guardian. This bill  would also help law  enforcement officers to                                                               
ask a  child's age rather than  trying to guess their  height and                                                               
weight.                                                                                                                         
                                                                                                                                
SENATOR  COWDERY asked  if there  is confusion  with the  present                                                               
law.                                                                                                                            
                                                                                                                                
MS. BIASTOCK said the present law is written in vague terms.                                                                    
                                                                                                                                
1:12:04 PM                                                                                                                    
CHAIR KOOKESH called an at ease.                                                                                                
                                                                                                                                
1:13:28 PM                                                                                                                    
SENATOR WILKEN joined the meeting.                                                                                              
                                                                                                                                
RODNEY DIAL, Lieutenant, Department  of Public Safety, Ketchikan,                                                               
AK, said that  some law enforcement officers and  most parents do                                                               
not  know  which  children  should   be  in  booster  seats.  The                                                               
Department  of Public  Safety supports  SB  218; it  makes it  as                                                               
clear as possible regarding appropriate restraints.                                                                             
                                                                                                                                
SENATOR OLSON asked if the confusion is widespread.                                                                             
                                                                                                                                
MR. DIAL said it is widespread.                                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  what   the  difference  is  between                                                               
current law and the new proposal.                                                                                               
                                                                                                                                
MS. BIASTOCK said  current law states that a child  under the age                                                               
of 16 shall  be properly secured in a child  safety device and if                                                               
the child  is less  than four  years of age,  the child  shall be                                                               
properly  secured in  a safety  device meeting  the standards  of                                                               
USDOT.  This  bill places  the  guidelines  from the  USDOT  into                                                               
Alaska  statute. However  old a  child is  or whatever  size they                                                               
are, they can be plugged into the  chart to find out what type of                                                               
seat they  should be in.  For example, an  infant who is  under a                                                               
year  old or  20  pounds should  be in  a  rear-facing car  seat.                                                               
That's not currently spelled out in  statute but it would be with                                                               
this bill.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  asked if parents are  currently required to                                                               
adhere to SB 218.                                                                                                               
                                                                                                                                
MS. BIASTOCK  said it's  been difficult  to enforce  because it's                                                               
not clear.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  asked if  there would be  a fiscal  gain if                                                               
this bill is passed                                                                                                             
                                                                                                                                
MS. BIASTOCK said she understands there would be.                                                                               
                                                                                                                                
SENATOR  OLSON asked  what happens  when  a driver  has a  pickup                                                               
truck without seat belts.                                                                                                       
                                                                                                                                
MS. BIASTOCK said  there is a list of exemptions  and one of them                                                               
is  a  vehicle  that  is  not equipped  with  seat  belts.  Older                                                               
vehicles without  seat belts would  not be able to  accommodate a                                                               
child safety device.  Therefore, a cab without a  back seat would                                                               
be compliant. This is already in statute.                                                                                       
                                                                                                                                
SENATOR OLSON  asked if there  are exemptions for rural  areas or                                                               
non-federally funded highway areas.                                                                                             
                                                                                                                                
MS.  BIASTOCK said  there  are no  current  exemptions for  rural                                                               
areas.  This  bill  does  not  apply to  vehicles  that  are  not                                                               
designed to be on a highway like ATVs and snow machines.                                                                        
                                                                                                                                
1:18:39 PM                                                                                                                    
SENATOR OLSON asked  if people in villages who  don't have roads,                                                               
but who  drive up and  down the beach at  low tide or  across the                                                               
airport, would be in violation of this law.                                                                                     
                                                                                                                                
MS BIASTOCK said yes, they would be in violation.                                                                               
                                                                                                                                
1:19:10 PM                                                                                                                    
CINDY  CASHEN, Administrator,  Division  Of Program  Development,                                                               
Highway Safety  Office, Department  of Transportation  and Public                                                               
Facilities (DOTPF),  Juneau, AK,  said her office  is responsible                                                               
for  administering  federal  transportation dollars  to  programs                                                               
that save lives and prevent  injuries on roads. There are federal                                                               
funds  designated  as child  safety  and  booster seat  incentive                                                               
grants. These grants are for  states that enforce a law requiring                                                               
any child  too large to  be secured in a  child safety seat  in a                                                               
passenger vehicle be secured in  a child restraint that meets the                                                               
requirement  prescribed under  section three  of Anton's  Law. To                                                               
qualify for a grant a state  child restraint law should not leave                                                               
any  gaps in  coverage for  children under  eight years  old. The                                                               
current Alaska law requires the  use of proper safety devices for                                                               
children under the  age of 16 as approved by  the USDOT, but does                                                               
not  designate which  safety device  must  be used  based on  the                                                               
child's  age,  height, and  weight.  The  federal government  has                                                               
determined that  if states want  these funds, they must  have the                                                               
law specify  age, height  and weight.  The USDOT's  chief counsel                                                               
has  determined that  Alaska  would be  eligible  to receive  new                                                               
federal funds with  the passage of this bill.  Alaska could apply                                                               
for  an  estimated  $194,000  in federal  fiscal  year  2008  and                                                               
another $194,000 in 2009. Up to  50 percent of those funds may be                                                               
used  to  fund programs  for  purchasing  and distributing  child                                                               
safety  seats   and  restraints   to  low-income   families.  The                                                               
remaining  50 percent  would be  used for  enforcement, education                                                               
and  training of  child  safety  professionals, police  officers,                                                               
fire  and  emergency  medical personnel,  educators  and  parents                                                               
concerning all  aspects of child  safety seats and  restraints as                                                               
well  as  educating the  public  concerning  the proper  use  and                                                               
installation.                                                                                                                   
                                                                                                                                
1:22:27 PM                                                                                                                    
SENATOR COWDERY  asked how a person  with a sports car  without a                                                               
back seat can comply.                                                                                                           
                                                                                                                                
MS.  CASHEN said  SB  218 spells  out what  type  of a  restraint                                                               
device a  child needs. If there's  no back seat the  child should                                                               
not be in the vehicle.                                                                                                          
                                                                                                                                
GORDON GLASER, Injury Prevention  and Emergency Medical Services,                                                               
Division  of  Public  Health, Department  of  Health  and  Social                                                               
Services  (DHSS),  Anchorage,  AK,  explained that  there  is  an                                                               
on/off switch in most cars to  turn off the air bag, which allows                                                               
a child to  be seated in front. The safety  device is assigned to                                                               
the back seat  until the child reaches the age  of 13. If there's                                                               
no back seat, the child can be put in the front seat.                                                                           
                                                                                                                                
1:25:04 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked if  the $194,000  would be  placed in                                                               
the budget and used for the purposes Ms. Cashen described.                                                                      
                                                                                                                                
MS. CASHEN said  those funds would stay within her  office and be                                                               
used for the types of programs mentioned.                                                                                       
                                                                                                                                
SENATOR COWDERY asked  if the funds go directly to  her office or                                                               
to the legislature.                                                                                                             
                                                                                                                                
NANCY  SLAGLE,  Director,  Division of  Administrative  Services,                                                               
DOTPF,  Juneau, AK,  said the  legislature would  appropriate the                                                               
funds to the department.                                                                                                        
                                                                                                                                
SENATOR COWDERY  asked if  the funds would  be earmarked  for her                                                               
department.                                                                                                                     
                                                                                                                                
MS. SLAGLE  said the funds would  be provided to DOTPF  for it to                                                               
determine where the  funds would go, either  through grant awards                                                               
to  local  nonprofits  or,  for  example,  to  the  troopers  for                                                               
enforcement.                                                                                                                    
                                                                                                                                
1:27:11 PM                                                                                                                    
SENATOR OLSON said there are some  cars that don't have an on/off                                                               
switch. He asked if he's in  violation if he takes his infant son                                                               
in a car that does not have the switch.                                                                                         
                                                                                                                                
MR. GLASER  said if the  car does not  have a passenger  side air                                                               
bag, he would not be in violation.                                                                                              
                                                                                                                                
SENATOR OLSON said the car was retrofitted with an airbag.                                                                      
                                                                                                                                
MR. GLASER said that if it's  been retrofitted, it should have an                                                               
on/off switch.                                                                                                                  
                                                                                                                                
1:30:34 PM                                                                                                                    
BRENDA  KNAPP,  Health  Program Manager,  Injury  Prevention  and                                                               
Emergency   Medical   Services,   Division  of   Public   Health,                                                               
Department of Health  and Social Services, Juneau,  AK, said DHSS                                                               
supports SB 218. The bill  amends current statute to set specific                                                               
standards for the use of child passenger restraints.                                                                            
                                                                                                                                
She said motor vehicle related  injuries are the leading cause of                                                               
death in the  U.S. of children between the ages  of 2-14, and one                                                               
of the  leading causes of  hospitalizations of  Alaskan children.                                                               
Children who are restrained in  booster seats are 59 percent less                                                               
likely  to be  injured than  children  restrained by  a lap  belt                                                               
only. Nationally, voluntary seat  belt inspection stations report                                                               
that  80-85 percent  of children  are improperly  restrained, and                                                               
one-third  of  children  under  age  14 use  the  wrong  type  of                                                               
restraint.                                                                                                                      
                                                                                                                                
MS  KNAPP  said  the  current  statute  references  child  safety                                                               
devices  but  does  not  state specific  standards  for  age  and                                                               
weight-based  restraints.  This  bill is  designed  to  eliminate                                                               
confusion  about which  restraints are  appropriate for  each age                                                               
and weight level. It clarifies  the types of passenger restraints                                                               
required for  children of various  ages and sizes to  prevent and                                                               
minimize vehicular injuries.                                                                                                    
                                                                                                                                
She  said   42  states  have  passed   booster  seat  legislation                                                               
qualifying them for USDOT highway  safety grants. While this bill                                                               
has  no fiscal  impact  on  DHSS, passing  it  would make  Alaska                                                               
eligible  for   approximately  $200,000  in   additional  federal                                                               
incentive funds for education and enforcement.                                                                                  
                                                                                                                                
SENATOR COWDERY asked  if the bill addresses  older vehicles with                                                               
single seats and without airbags.  For example, he asked, what if                                                               
a family's only means of transportation is a dump truck.                                                                        
                                                                                                                                
MR.  GLASER replied  that  the bill  addresses  older cars.  Most                                                               
people  don't add  airbags to  older vehicles  that came  without                                                               
them. Regarding trucks with only  two seat belts, only two people                                                               
can ride  in these  seats. It is  a problem for  a family  with a                                                               
dump truck.  Children need to be  restrained and it is  a problem                                                               
when  there  are  more  children   in  a  family  than  there  is                                                               
accommodation for them in the  family vehicle. That is beyond the                                                               
purview of this  bill. The intention of this bill  is to make the                                                               
present law  clear to  law enforcement  officers and  parents. If                                                               
the vehicle did not come  with seat belts, there's no requirement                                                               
to put seat belts in or to use a car seat.                                                                                      
                                                                                                                                
1:36:46 PM                                                                                                                    
SENATOR OLSON asked  if he would be in violation  if he takes his                                                               
child in  heavy equipment like a  loader or a forklift.  He asked                                                               
if the bill addresses passenger vehicles only.                                                                                  
                                                                                                                                
MR. GLASER said this bill would not affect industrial vehicles.                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI  said  this   bill  doesn't  really  change                                                               
current  law. It  just  codifies the  regulations  and gives  the                                                               
state almost $200,000 to do that.                                                                                               
                                                                                                                                
MS.  KNAPP said  the existing  statute references  the standards.                                                               
This  would  bring  those  standards into  law  so  that  they're                                                               
usable.                                                                                                                         
                                                                                                                                
JOHN  COOK,  Legislative   Director,  Alaska  Automobile  Dealers                                                               
Association,  Anchorage, AK,  said the  association has  passed a                                                               
resolution that supports  SB 218. The bill clarifies  the law and                                                               
helps  eliminate   confusion.  He  personally  attested   to  the                                                               
confusion  when professionals  test the  correct installation  of                                                               
booster seats.  The bill  helps bring  state regulations  in line                                                               
with what  manufacturers recommend  for children. He  pointed out                                                               
that in  the manufacturer's manual,  it specifically  states that                                                               
seat   belts  are   not  intended   to  secure   young  children.                                                               
Manufacturers provide provisions for  attaching booster seats and                                                               
infant  seats  in extended  and  regular  cabs of  trucks.  Every                                                               
vehicle that's been  manufactured in the past eight  years has an                                                               
on/off  switch  for  air  bags or  a  sensor  that  automatically                                                               
disables the airbag if the latch system is being used.                                                                          
                                                                                                                                
1:41:21 PM                                                                                                                    
JANE  FELLMAN, RN,  Central Peninsula  Hospital and  Coordinator,                                                               
Kenai Peninsula  Safe Kids Coalition,  Kenai, AK, said that  on a                                                               
day-to-day  basis  she  facilitates  child  passenger  safety  by                                                               
checking car seats and conducting  educational programs. She said                                                               
the clarification  provided by the  bill is very much  needed. In                                                               
2003 the coalition did some research  and found that Alaska had a                                                               
good  law but  the problem  was enforcement.  She frequently  has                                                               
people  calling her  asking what  the law  is regarding  children                                                               
over four,  if they have  to be  in booster seats.  However, just                                                               
knowing  that has  not been  sufficient. The  coalition has  done                                                               
trainings for law  enforcement. Questions that have  come up are:                                                               
how do  you get  a child into  a booster seat;  who should  be in                                                               
one; what  are the  height, weight  and proper  fit requirements.                                                               
She told  the story of visiting  a kindergarten of about  20 five                                                               
and six-year-old children  who weigh 45-50 pounds.  She asked how                                                               
many were in  booster seats and three raised their  hand. Most of                                                               
the children  were being secured only  by seat belts and  were in                                                               
major  danger  of  being  ejected  if  there  was  a  crash.  The                                                               
coalition distributed  260 car seats  and 116 booster  seats. For                                                               
over 50 percent  of the seats distributed,  children who received                                                               
them were formerly  being secured by seat belts.  As an emergency                                                               
room  nurse  she has  seen  the  effects  of not  being  properly                                                               
restrained. A seat belt going  across a child's abdomen can cause                                                               
all  kinds  of  injuries.  In  national  surveys  of  who  is  in                                                               
compliance with  safety regulations  for children,  Alaska always                                                               
fails  because  it  is  not recognized  as  having  booster  seat                                                               
legislation. She strongly supports SB 218.                                                                                      
                                                                                                                                
1:47:36 PM                                                                                                                    
JANICE  TOWER, Executive  Director,  Alaska  Chapter of  American                                                               
Academy Of  Pediatrics, Anchorage, AK, said  her chapter supports                                                               
SB 218.  Children should stay  in a  booster seat until  an adult                                                               
seat belt fits correctly, usually  when a child reaches four feet                                                               
nine  inches in  height, and  is eight  to twelve  years of  age.                                                               
Results from a  2007 national survey on the use  of booster seats                                                               
conducted by the  National Center of Statistics  and Analysis for                                                               
the National Highway Safety  Administration revealed that booster                                                               
seat  use  rates for  children  ages  six  and seven  dropped  36                                                               
percent in 2006  to 25 percent in 2007. The  study concluded that                                                               
there was  a premature graduation  of children from birth  to age                                                               
twelve  to  restraint  types that  are  inappropriate  for  their                                                               
height and weight.  She said SB 218 would help  eliminate some of                                                               
the confusion.  It would  help parents  and care  givers identify                                                               
which  safety devices  are appropriate  for their  children. Many                                                               
pediatricians are  happy to participate in  education, counseling                                                               
parents  during doctor  visits on  how to  keep children  safe in                                                               
vehicles.                                                                                                                       
                                                                                                                                
1:50:21 PM                                                                                                                    
MR.  GLASER  said   the  Division  of  Public   Health  has  been                                                               
conducting  child   passenger  safety  checks  for   people  from                                                               
Ketchikan to the North Pole who  have voluntarily come in to have                                                               
their  car seats  checked.  In  all the  places  they have  gone,                                                               
parents  that have  come in  have not  had their  children placed                                                               
correctly  in car  seats. Specifically,  children over  40 pounds                                                               
have not been  in booster seats. In the data  that comes from the                                                               
Alaska Trauma Registry  over a four year period of  four to eight                                                               
year olds, 39  were injured needing hospitalization.  None of the                                                               
39 was in a booster seat or child restraint.                                                                                    
                                                                                                                                
PEGGY HAYASHI,  RN and Chair, Child  Passenger Safety Partnership                                                               
Committee,  Anchorage,  AK, said  the  committee  is composed  of                                                               
instructors and  technicians who  look at  data submitted  to the                                                               
Alaska Injury Prevention  Center on a quarterly  basis. This data                                                               
provides insight into what is  happening to children traveling in                                                               
motor  vehicles across  the state.  She has  frequently sat  with                                                               
parents in  emergency rooms who have  told her that they  did not                                                               
understand the law. This bill  is a clarification of current law,                                                               
which was  written in  1985. Clarification  has been  the missing                                                               
component. She supports SB 218.                                                                                                 
                                                                                                                                
1:53:53 PM                                                                                                                    
CHAIR KOOKESH closed public testimony and asked for a motion.                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI moved SB 218  from committee with individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, the motion carried.                                                                                                  
                                                                                                                                

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