HOUSE BILL REPORT
ESHB 1475



As Passed Legislature

Title: An act relating to child passenger restraint.

Brief Description: Modifying child passenger restraint provisions.

Sponsors: By House Committee on Transportation (originally sponsored by Representatives Schual-Berke, Jarrett, Murray, Kessler, Wood, Skinner, Hankins, Woods, Dunshee, Wallace, Dickerson, Upthegrove, Curtis, Lovick and Morrell).

Brief History:

Transportation: 2/7/05, 2/10/05 [DPS].

Floor Activity:

Passed House: 3/8/05, 72-26.
Passed Senate: 4/13/05, 32-15.
Passed Legislature.

Brief Summary of Engrossed Substitute Bill
  • Updates requirements for child passenger restraints to reflect changes in child restraint devices and research.
  • Holds child car seat inspectors harmless for damages.


HOUSE COMMITTEE ON TRANSPORTATION

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 23 members: Representatives Murray, Chair; Wallace, Vice Chair; Woods, Ranking Minority Member; Skinner, Assistant Ranking Minority Member; Appleton, Campbell, Dickerson, Ericksen, Flannigan, Hankins, Hudgins, Jarrett, Kilmer, Lovick, Morris, Rodne, Sells, Shabro, Simpson, B. Sullivan, Takko, Upthegrove and Wood.

Minority Report: Do not pass. Signed by 4 members: Representatives Buck, Curtis, Nixon and Schindler.

Staff: Teresa Berntsen (786-7301).

Background:

Under current law (RCW 46.61.687), children less than six years old and/or 60 pounds traveling in a motor vehicle must be placed in a child restraint system that complies with federal standards and is installed according to the manufacturers' instructions. The laws specify the requirements for what type of child restraint system must be used for a child according to age and weight.

Drivers transporting a child under six years of age or weighing less than 60 pounds must transport the child in the back seat if the vehicle is equipped with a passenger side air bag.

Failure to comply with the child passenger restraint requirements does not constitute negligence by a parent or legal guardian, and may not be admitted in court as evidence of negligence. Current law is silent regarding immunity from civil liability for installers or inspectors of child restraint systems.

Since RCW 46.61.687 was last amended in 2000, the National Highway Traffic Safety Administration has revised recommendations for how old and how tall a child should be before being placed in a seatbelt without a child restraint system. In addition, child restraint system technology and products have changed.


Summary of Engrossed Substitute Bill:


Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed, except for section 1, relating to requirements regarding child restraint systems, which takes effect June 1, 2007.

Testimony For: Updating this law bridges an important gap and is a matter of public health and safety. State laws serve as a model and guide and should reflect best practice. Language regarding liability of child passenger restraint inspector/educators should be revised to clarify "not for compensation" does not exclude persons performing this service as a volunteer who are on work time and being paid by their employer.

Testimony Against: None.

Persons Testifying: Representative Schual-Berke; Mary Selecky, Secretary, Department of Health and Commissioner on Traffic Safety Commission; Angie Ward, Traffic Safety Commission; Autumn Alexander Skeen; Dr. Beth Ebel, Harborview; John Cummings, Detective, Snohomish Sheriff's office, and David Overstreet, American Automobile Association (AAA).

Persons Signed In To Testify But Not Testifying: None.