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.