STAND. COM. REP. NO.778
Honolulu, Hawaii
, 2001
RE: H.B. No. 135
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 135, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CHILD PASSENGER SAFETY,"
begs leave to report as follows:
The purpose of the bill is to:
(1) Require a driver of a vehicle to properly restrain passengers:
(A) Who are children up to eight years and of less than eighty pounds, in a child passenger restraint system, which term includes booster seats; and
(B) Who are children between the ages of eight and fifteen, in seat belts;
and
(2) Provide that failure to place a child under eight years and 80 pounds in a restraint system shall not be considered contributory negligence, comparative negligence, or negligence per se.
Your Committee received testimony in support of the measure from the Department of Transportation, Department of Health, Hawaii State Commission on the Status of Women, Honolulu Police Department, Maui Police Department, and Keiki Injury Prevention Coalition.
Your Committee finds that although the use of booster seats is recommended, for older motor vehicles that are only equipped with lap seat belts, booster seats should not be used if a child weighs more than sixty pounds.
Your Committee has amended this bill by:
(1) Providing that for cars with lap seat belts, booster seats are required only for children up to eight years of age weighing less than 60 pounds;
(2) Making clear that children four years of age or older must be restrained in a booster seat or in a child safety seat, as appropriate to the size of the child;
(3) Changing the effective date of the bill to January 1, 2002, to better allow for implementation of the law; and
(4) Making technical, nonsubstantive changes for purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 135, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 135, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,
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____________________________ ERIC G. HAMAKAWA, Chair |
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