STAND. COM. REP. NO. 98

Honolulu, Hawaii

, 2005

RE: S.B. No. 1224

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Transportation and Government Operations, to which was referred S.B. No. 1224 entitled:

"A BILL FOR AN ACT RELATING TO TORT LIABILITY,"

begs leave to report as follows:

The purpose of this measure is to provide immunity from civil liability for trained installers and inspectors of automobile child restraint devices.

Your Committee received testimony in support of this measure from the Department of Transportation (DOT), Department of Health, Maui Police Department, Keiki Injury Prevention Coalition, and State Farm Mutual Automobile Association. Testimony in opposition was received from the Consumer Lawyers of Hawaii.

According to testimony of the DOT, an estimated ninety-five percent of all child safety seats in use today are installed incorrectly. In most cases, parents are not aware that they are installing the seats improperly. Parents and caregivers can benefit from education and direct assistance from trained individuals to install the seats properly. Providing immunity from liability for certified car seat technicians will encourage more individuals to become trained technicians and volunteer at free car seat checkups in the community which is increasingly in demand. This in turn will help a number of parents and caregivers properly meet the requirements of Hawaii's child passenger restraint law.

As affirmed by the record of votes of the members of your Committee on Transportation and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1224 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation and Government Operations,

____________________________

LORRAINE R. INOUYE, Chair