STAND. COM. REP. NO. 15

Honolulu, Hawaii

, 2001

RE: H.B. No. 135

H.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Transportation, to which was referred H.B. No. 135 entitled:

"A BILL FOR AN ACT RELATING TO CHILD PASSENGER SAFETY,"

begs leave to report as follows:

The purpose of this bill is to require motor vehicle drivers to properly restrain children while the vehicle is in operation as follows:

    1. Children age six or younger must be restrained in child passenger restraint systems;
    2. Children at least four years of age must be restrained in booster seats; and
    3. A child between the ages of six and fifteen must be restrained in a seat belt assembly.

This bill also provides that the failure of a child who is six or younger to be restrained in a child passenger restraint system or seat belt assembly shall not be considered contributory negligence, comparative negligence, or negligence per se.

The Department of Transportation, the Department of Health, the Honolulu Police Department, the Maui County Police Department, and members of the public testified in support of this measure. The Keiki Injury Prevention Coalition testified in support of the intent of the bill.

Recognizing that national safety standards recommend booster seats for children ages four to eight years of age and under 80 pounds in weight, your Committee has amended this bill by:

    1. Requiring a child who is eight years of age or under and under 80 pounds to be restrained in a child passenger restraint system;
    2. Providing that the failure of a child who is eight or younger to be restrained in a child passenger restraint system or seat belt assembly shall not be considered contributory negligence, comparative negligence, or negligence per se;
    3. Providing that a child between the ages of eight and fifteen must be restrained in a seat belt assembly; and
    4. Making other technical, nonsubstantive amendments to reflect correct statutory language.

As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 135, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 135, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

 

Respectfully submitted on behalf of the members of the Committee on Transportation,

____________________________

JOSEPH M. SOUKI, Chair