Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 1567 entitled:

begs leave to report as follows:

The purpose of this measure is to provide tort liability immunity for trained installers and inspectors of child passenger restraint devices.

Your Committee received testimony in support of this measure from the Maui County Police Department, State Farm Insurance, and the Keiki Injury Prevention Coalition. The Consumer Lawyers of Hawaii submitted testimony in opposition to this measure.

Your Committee finds that, nationally, 95% of child safety seats are improperly installed; in Hawaii, 98% are misused or improperly installed. When a child safety seat is not properly utilized, it cannot serve its function to protect a child in the event of an accident.

Your Committee further finds that one of the best ways to encourage proper use of safety seats is to have trained personnel instruct residents on their use, and to inspect installations. However, many trained personnel are reluctant to undertake that task, due to fear of civil liability if something goes awry. Therefore, your Committee supports this measure to facilitate better use of safety seats in Hawaii. Our keiki deserve it.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1567 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.