STAND. COM. REP. NO. 266

Honolulu, Hawaii

, 2021

RE: H.B. No. 1090

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1090 entitled:

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

begs leave to report as follows:

The purpose of this measure is to amend the requirements for child passenger restraints in motor vehicles by:

(1) Requiring rear-facing child safety seats for children less than two years of age;

(2) Requiring rear-facing or forward-facing child safety seats for children at least two years of age but less than four years of age;

(3) Requiring the use of child safety seats or booster seats for certain children at least four years of age but less than seven years of age;

(4) Requiring the use of child safety seats or booster seats for certain children at least seven years of age but less than ten years of age;

(5) Repealing an exemption for when the number of persons in a vehicle exceeds the greater of the number of seat belt assemblies available or originally installed in the vehicle;

(6) Repealing language that prohibited failure to restrain a child in accordance with law from being considered contributory negligence, comparative negligence, or negligence per se; and

(7) Raising certain fines for violations.

Your Committee received testimony in support of this measure from the Department of Transportation, Honolulu Police Department, Safe Kids Hawaii at Kapiolani Medical Center for Women and Children, and Keiki Injury Prevention Coalition.

Your Committee finds that fifteen states have requirements that children under the age of two be in rear-facing car seats. The American Academy of Pediatrics recommends the use of rear‑facing car seats for as long as possible, typically until the age of two as they are vulnerable to head and spinal injuries in a motor vehicle crash as their neck and skeleton are not capable of supporting them during a crash. This measure would reduce motor vehicle fatalities and serious injuries in the State.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1090 and recommends that it pass Second Reading and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair