Legislature(2007 - 2008)BUTROVICH 205
02/05/2008 01:00 PM Senate TRANSPORTATION
| Audio | Topic |
|---|---|
| Start | |
| SB218 | |
| SB236 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 218 | TELECONFERENCED | |
| += | SB 236 | TELECONFERENCED | |
| + | 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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