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A08100 Summary:

BILL NOA08100
 
SAME ASSAME AS S06523
 
SPONSORGalef
 
COSPNSRMcDonough, Brindisi, Dinowitz, Abinanti, Simon, Ortiz, Rosenthal L, D'Urso, Miller B, Seawright, Gottfried, Montesano, Jaffee
 
MLTSPNSR
 
Amd 1229-c, V & T L
 
Relates to requiring a child under the age of two in certain circumstances to be secured in a rear-facing child restraint system.
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A08100 Actions:

BILL NOA08100
 
05/26/2017referred to transportation
06/07/2017reported referred to codes
06/14/2017reported referred to rules
06/15/2017reported
06/15/2017rules report cal.419
06/15/2017ordered to third reading rules cal.419
06/19/2017substituted by s6523
 S06523 AMEND= ROBACH
 05/31/2017REFERRED TO TRANSPORTATION
 06/07/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/07/2017ORDERED TO THIRD READING CAL.1516
 06/13/2017PASSED SENATE
 06/13/2017DELIVERED TO ASSEMBLY
 06/13/2017referred to codes
 06/19/2017substituted for a8100
 06/19/2017ordered to third reading rules cal.419
 06/19/2017passed assembly
 06/19/2017returned to senate
 10/11/2017DELIVERED TO GOVERNOR
 10/23/2017SIGNED CHAP.393
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A08100 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8100
 
SPONSOR: Galef
  TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to requiring a child under the age of two in certain circumstances to be secured in a rear-facing child restraint system   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to require a child under the age of two, in certain circumstances, to be secured in a rear-facing child restraint system.   SUMMARY OF PROVISIONS: Section 1. Subdivision 1 of section 1229-c of the Vehicle and Traffic Law, as amended by chapter 18 of the laws of 2005, paragraph (b) as amended by chapter 405 of the laws of 2009, is amended by adding the following underlined language. 1. No person shall operate a motor vehi- cle unless: (a) all back seat passengers under the age of 4 are restrained in the proper seat, which shall be rear-facing whenever the passenger being restrained is under the age of two except in the event that the weight or height of such passenger under the age of two exceeds the occupant size and weight recommendations of the manufacturer of such rear-facing seat, such seat may be forward-facing... Section 2. Establishes the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): This section is not applicable at this time.   JUSTIFICATION: Traffic crashes are a leading cause of death for children. The America Academy of Pediatrics proclaim, "The best practice results from the need to support the young child's posterior torso, neck, head, and pelvis and to distribute crash forces over the entire body... Rear- facing car safety seats address this risk by supporting the child's head and preventing the relatively large head from moving independently of the proportionately smaller neck." A 2007 University of Virginia study found that children under two were 75% more likely to suffer injury if they were in a forward-facing seat rather than a rear-facing seat; for children 12-23 months old, the risk is more than five times greater. This much needed legislation will save the lives of our most vulnerable population by requiring children under two years of age be restrained in a rear-facing car seat in most instances. It offers leniency based on weight and height, and with an effective date of November 1, 2019, parents and drivers will have ample to time to learn about the change, and make their purchase decisions accordingly.   PRIOR LEGISLATIVE HISTORY: A. 9594 and S. 6731 of 2015/2016   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There are no fiscal implications associated with the passage of this legislation.   EFFECTIVE DATE: This act shall take effect on November 1, 2019.
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A08100 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8100
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 26, 2017
                                       ___________
 
        Introduced by M. of A. GALEF, McDONOUGH -- read once and referred to the
          Committee on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to requiring a
          child under the age of two in certain circumstances to be secured in a
          rear-facing child restraint system

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 1229-c of the vehicle and traffic
     2  law, as amended by chapter 18 of the laws  of  2005,  paragraph  (b)  as
     3  amended  by  chapter  405  of  the  laws  of 2009, is amended to read as
     4  follows:
     5    1.  No person shall operate a motor vehicle in this state unless:  (a)
     6  all  back  seat  passengers  of  such  vehicle under the age of four are
     7  restrained in a specially designed seat which meets  the  Federal  Motor
     8  Vehicle  Safety  Standards  set  forth in 49 C.F.R. 571.213 and which is
     9  either permanently affixed or is affixed to such  vehicle  by  a  safety
    10  belt[,  or]  and which shall be rear-facing whenever the passenger being
    11  restrained in such seat is under the age of two except that in the event
    12  that the weight or height of such passenger under the age of two exceeds
    13  the occupant size and weight recommendations of the manufacturer of such
    14  rear-facing seat, such seat may be  forward-facing;  provided,  however,
    15  that  in  the  event  that the weight of such passenger under the age of
    16  four exceeds forty pounds, such passenger may be restrained  (i)  in  an
    17  appropriate  child  restraint  system  as defined in subdivision four of
    18  this section used with combination lap safety and shoulder harness belts
    19  or (ii) by a lap safety belt in the event such vehicle is  not  equipped
    20  with combination lap safety and shoulder harness belts or all the combi-
    21  nation  lap safety and shoulder harness belts are being used to properly
    22  restrain other passengers who are under the age of sixteen; (b) all back
    23  seat passengers of such vehicle who are age four or older but under  age
    24  eight  (i)  are  restrained  in an appropriate child restraint system as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03046-02-7

        A. 8100                             2
 
     1  defined in subdivision four of this section used  with  combination  lap
     2  and  shoulder  harness belts or (ii) are restrained in a lap safety belt
     3  in the event such vehicle is not equipped with  combination  lap  safety
     4  and  shoulder harness belts or all the combination lap safety and shoul-
     5  der harness belts are being used to properly restrain  other  passengers
     6  who  are  under the age of sixteen; or (c) in the case of any other back
     7  seat passenger under the age of sixteen, he or she is  restrained  by  a
     8  safety belt approved by the commissioner.
     9    § 2. This act shall take effect November 1, 2019.
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