2023-12-04 00:00:00 - Joint Committee on Public Safety and Homeland Security

2023-12-04 00:00:00 - Joint Committee on Public Safety and Homeland Security

SEN FINEGOLD - HB 2318 - In H 2318, an Act to enhance child passenger safety. This piece of legislation will save children's lives. Current Massachusetts Law requires the use of a child passenger restraint while152 riding a vehicle for children under the age of eight or less than 57156 inches tall. However, current law does not specify what type of restraint to use at different stages of development. The bodies of a toddler and a seven-year-old child are proportioned169 very differently and thus have different physical safety needs in the event of an accident. The Bill is simple. It specifies that infants and toddlers under the age of two or weighing up to 30184 pounds must use a rear-facing car seat.

Young children are less likely to suffer serious injuries in a car crash when using a rear-facing car seat due to how the seat distributes force. A rear-facing seat distributes the force of the crash evenly205 across the child's body. In a forward-facing seat, the force is concentrated on the neck. That's why the American Academy of Pediatrics and the National Highway Tragic Safety Administration both recommended that children stay in rear-facing car seats for as long as possible. When the current law passed in 2008, it was a huge step forward for the safety of children in motor vehicles. The science has gotten better though. We now know that rear-facing car seats are the safest type of restraint for our most vulnerable young children.

That's why 23, I repeat, 23 states250 and the District of Columbia have passed this type of legislation. This is256 especially important as motor vehicle crashes258 have nearly returned to levels before the pre-pandemic. 2022 alone saw over 130,000 motor vehicles in the Commonwealth with over 30,000 of those injuries resulting in injuries. want to thank this committee for their work to report this Bill out favorably in previous sessions. I respectfully ask that you do the same thing again, and once again, report this Bill out favorably. Thank you so300 much. As always, happy to answer any questions, comments, or words of wisdom, anything on your mind you'd love to talk about.

SEN TIMILTY - Senator Finegold, thank you very much.

FINEGOLD- Thank you. Thank you for allowing me to testify.

TIMILTY - Obviously, this committee, which, represents Ed and me both coached here in the previous session. As you know, we were very proud to, put this with a favorable introduction with membership, and it's something we believe in. We thank you for your hard work.

REP GONZALEZ - Thank you for your leadership in this issue. Again, I echo the same sentiments as my co-chair. Child safety has to be, one of the priorities that we continue to support Thank you.
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SEN VIERA - Mr. Chairman, thank you, senator. Yeah. We did put this out of the hope hopefully, we'll do it again. I'm just curious. Well, the 20 states and the District of Columbia. Do we have any comparative data on the per capita injuries or fatalities pre-law and then post-law?

FINEGOLD - I don't have those on me, but I can try to get those for you.

VIEIRA - It might help us, as we get it out of this committee to get into the floor. But thank you for your leadership on this issue.
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ARTHUR KINSMAN - USDOT - HB 2318 - Again, my name is, Art458 Kinsman. I'm the regional starter for the National Highway Traffic Safety Administration, which is part of USDOT. We have our office over in, the Volpe Center in Cambridge. I'm going to, provide the testimony, and I don't want to repeat what, Senator Finegold provided I agree with, all of his comments. I think, you know, in terms of, this committee, it sounds like, you know, I'm hearing positive things, which is great. I always feel like legislators need to, you know, understand why, you know, why do you need to pass a law to do something that you know, it's certainly, I think we can all agree child passenger safety is important. Children should be in rear-facing, you know, up505 to age two or up to, you know, 30 pounds.

You know, we tend to feel that the size of the child is more important than the age, but, it's, that that's the critical factor. But, you know, what's your comfortability in, recommending this to your colleagues and feeling that it's, you're not just legislating best practice. I'll just let you know, I've been working in traffic safety for 40-plus years. One of the things probably the most questions I've gotten, whether it was with my career with Triple A or with, Massachusetts Highway Safety Program or in my role now, is from parents on child passenger safety. What551 do we do? You know? What's the right thing to do? And oftentimes, they are confused by, if there's, something if best practice is not reflected in the statute, it becomes confusing to them. To do with, education or socioeconomic. Doesn't matter.

Cuts across all lines. People get very confused. I can, I'll be the first to say that. I'm trying to teach my578 parents how to buckle the kids in right and use the right equipment. I'll also just say, as a parent of three children and having gone through this. You know, I have all of my children tended to be a little smaller, so they were you know, I kept594 them in booster seats a little longer than the law recommended. I kept them rear-facing a little bit longer, but that's a choice you have. You know, but it's extremely important, to reflect the best practice, in the statute, because parents do respond to that, and they do look for that. Also, I think it makes, the jobs of police officers, fire, doctors, nurses, all those touch points that parents have to learn, they can point to that. Then, you know, just, all of the other New England states, what region one is New England, all of the states have a similar statute in place, other than Massachusetts. So, I'll stop there, and I'll save645 the statistics, for the written testimony.
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655 BARBARA655 DIGIROLAMO655 -655 BOSTON655 CHILDREN'S655 HOSPITAL655 -655 HB655 2318655 -655 SB655 1524655 -655 Good morning to all members of the Committee, thank you for the opportunity659 to testify in support of House Bill 2318 and Senate Bill 1524. My name is Barbara DiGirolamo. I'm the injury coordinator at Boston Children's Hospital, on the Think First board of directors, and a child passenger safety technician and instructor. This Bill will strengthen the Commonwealth's existing child passenger safety law by requiring679 children under the age of two or681 weighing less than 30 pounds to remain nerve-facing in their car seat. I support this legislation because I see the impact everyday car seat direction has on children's safety. As currently written, the law is not strong enough to keep them safe. Why is rear-facing so critical? It protects the whole head, neck, and spine of the child by acting like a turtle shell and absorbing the majority of the crash forces on the body that they would sustain.

Since their head is bigger and heavier in comparison to the rest of their body in the forward-facing position, just thrown forward, and they can sustain brain, spinal cord injuries, including internal decapitation. Many car seat manufacturers are printing on their seats That children should ride not ride, in the forward-facing position until the age of 2 or the highest height and weight allowed by that child restraint, which this bill would also ensure. On average, Boston Children's Trauma Center admits nearly 200 patients per year who were involved in motor vehicle crashes, and over 500 have come through our emergency department this year so far alone.

One of these patients was a 16-month-old who sustained bilateral, brachial plexus injuries with spinal753 cord and head injury solely from his car seat facing forward, which at that time was not against the manufacturer's instructions nor the law. There are currently 20 states plus Washington DC and Puerto Rico. As of January 1st, New Hampshire, that has your rear-facing until two locks. This legislation updates our Massachusetts law to also reflect the widely held best practices by NHTSA, American Academy of Pediatrics, Safe Kids, AAA, and Boston Children's Injury Prevention Program. I ask that you think of this Patient and report House Bill 2318 and Senate Bill790 1524. An important step to providing all kids in the Commonwealth, safe from an unfortunate event like this in the future. Thank you for your time, and I'm happy to answer any questions.
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JUDY A. HAMMOND - AAA - HB 2318 - SB 1524 - Thank you all so much for all of the work you do and for this important, Transportation Safety Committee hearing today. It's really exciting for us.831 As you've heard, a lot of information about833 rear-facing car seats and their importance. What I just wanted to do was tell a story about an experience I recently had. I've been at AAA for about six months. In September, I had the opportunity to participate in a car seat check event in Springfield where car seat techs like Barbara and a number of my colleagues at AAA were checking families' cars to make sure856 they were installed properly. People858 could come. They could have their seats looked at. If their seat was not,862 the appropriate size for their child. We were able to give them an appropriate-sized seat, so that was not an issue. If their seat was facing Incorrectly, we turned it around. We875 showed the families how to install the877 seats correctly.

It was such a moving experience for me, and these events happen882 all across the country with organizations like AAA, with886 police and fire departments as Art mentioned.888 It's easy for parents to get their seats checked if they are aware of the fact that there might be something that they don't know. We see this Bill as purely an education Bill, letting families know that the best practice as suggested by NHTSA and the American Academy of Pediatrics is to keep your child rear-facing until two. There are all sorts of, organizations out there that are willing to check their seats, including triple a. We found in research, that we found from the CDC that children are more likely to be seated properly in their926 seats if their states follow best practices.

That right now is not a law in Massachusetts. By passing this law, we will be allowing and allowing families to know what best practices are. So that's really why we're why we're here today. We want families to know about the importance of rear-facing car seats for their children. So, like, What happened to the child that Barbara referenced does not happen again. Just to, address a question, my colleague in Connecticut had shared with me958 that when they passed the law in Connecticut,960 within that first year of the law passing. Usage went up significantly by 15% just in that first year. So we do see an increase in, compliance with the law and just in education and975 understanding of what the law is by having a law in place following best practices.
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THOMAS CHAPMAN - NTSB - HB 2318 - SB 1524 - Thank you chair, co-chair, and and members of the committee. My name is Tom Chapman, and I have the honor of serving as the 46th member of the National Transportation Safety Board. Thank you for the opportunity to testify on proposed legislation to require all children under two years old to be in a rear-facing car seat. I'm also1013 taking the liberty this morning of commenting on pending legislation that will mandate seatbelts on school buses. The NTSB has long recognized that the single greatest defense against highway fatalities is proper restraint use. We cannot overstate the importance of properly restraining children when they are traveling, whether by motor vehicle, by school bus, or frankly as an airline passenger.

This is especially true for our youngest passengers. In passenger cars, child car seats have been shown to reduce fatal injuries by 71% in infants under one year old and by 54% in toddlers ages one to four years old. Many parents look to their state's child passenger safety law for guidance on the best way to protect children in a motor vehicle, and that's been noted this morning. For infants and toddlers, this means riding in a rear-facing child car seat until they are at least two years of age, and for as long as possible, until they reach the highest weight or height allowed by their car safety seat manufacturer. Regarding school buses, children are generally safer traveling in a school bus than they are in any other highway vehicle. School buses are designed with a passive form of occupant protection termed compartmentalization.

It functions by forming a compartment around the bus occupant and only requires the child to sit properly in the seat facing forward. Nevertheless, we have completed numerous investigations that identified the lack of additional occupant trained as a safety issue in school bus transportation. This is especially so in crashes that involve side-impact collisions and rollovers in which compartmentalization is incomplete and provides insufficient protection for occupants. Seat belts and other proper passenger restraints save lives. We applaud Massachusetts lawmakers for considering these important bills, which will help make transportation safer for our children. That concludes my statement and our thanks again for the opportunity to present testimony.
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GONZALEZ - Yes. Thank you. Seatbelts do save lives, particularly when it comes to children. And your statistics, you know, speak volumes as to why we must continue to look at legislation on how we can improve, the ability for people to, protect their children, but also be able to afford it. I think that's critical. Thank you for allowing me to be part of that event in Springfield because we did bring out the lowest-income community members, that were, in need of child safety. It was, shocking to me to see how many, would have failed any test of appropriate, car seats.

It was so alarming to understand and to know and to learn that the car seats come for children of different sizes, different ages, and different weights. Also, they expire and I think that was, so alarming to me because as a parent, my children, today, who have, children, are more aware of the car seat laws than I was in my time when they were growing up. So I think it's critical. Two things are we continue to break the language period to make sure that everybody understands this with the growing, diversity in the state. Second, how do we make it more affordable for people to be able to provide, you know, appropriate, car seats to individuals that sometimes are very, very costly.
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DIANA - It is my understanding that there is a provision, here in the Commonwealth that, low-income families through MassHealth that are recipients do receive one child passenger restraint, one convertible seat per child, which is wonderful. We would love to see all states across the country model the way the Commonwealth does. So just to be clear, when they receive this seat, they can use that seat rear-facing, from infancy until around age three, typically. So it's wonderful. You know, just to be clear, there's no requirement that families have to go out and purchase two different seats. So this seat that they receive through MassHealth will carry them from about £4 often to about £65. Yes. So it's a wonderful benefit that we have here in Massachusetts.

GONZALEZ - What I'm hearing now, which I wasn't aware that that car seat does not expire.

DIANA - It does expire after six years.

GONZALEZ - After six years. Okay.

UNIDENTIFIED SPEAKER - Can use it from birth until the age of six. Okay. The Mass DOT also has a flourishing, car grant program where, we provide millions of dollars of car seats, to, police, hospitals, and fire across the state, to distribute and install in their communities.

DIANA - Thank you for mentioning that because under the bipartisan infrastructure law, it's, has even more funding to provide that, into into the direct communities, which is wonderful.

GONZALEZ - Okay. Well, I want to thank you all for your leadership in this area. I think it's critical that we with with the co-chairs, continue to support these initiatives. Very important. I just want to, we've been called upstairs for an emergency meeting, the house mem members. So, I will pass the.

TIMILTY - Thank you very much. Thank you to every one of you for working with us and continuing to work with us. As I mentioned earlier, in the Last session, we did put this out with a favorable, these both these bills, and companion Bills, and, I suspect this can be a similar outcome with this committee, and then we continue to work together in terms of securing a final passage. But we thank you very much for what you do. What you do helps us as well.
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MANDI SUMMERS - MASSACHUSETTS CHILD PASSENGER SAFETY PROGRAM - HB 2318 - SB 1524 - Thank you. Thank you for the opportunity to testify in support of House Bill 2318 and Senate Bill 1524. I am a child passenger safety technician who has worked in the field for over 20 years at Bay State Children's Hospital and as lead instructor for training in the state for the last 10 years. I also had the honor of helping with the car seat event in Springfield with Chair Gonzalez. I support this as an effective educational and injury prevention tool for child passenger safety educators. I haven't found a study that, discusses the effects of the rear-facing Bill law, but I will look for that. I can point to the booster seat law that was, passed in five states and studied in in those states after it went into effect.

The researchers found that the per capita rate of children using a car seat or booster seat tripled following the passage of the booster seat law and the rate of children riding in the much safer back seat increased by 6%. There was a five reduction in the per capita rate of children who suffered non-fatal injuries and a 17% reduction of incapacitating or fatal injuries in states. Car seats need to be used correctly to offer maximum protection and a sampling of 1,074 car seat inspections for children under the ages of one to four collected from our child passenger safety programs here in Massachusetts through the National Digital Car Seat Forum found that 8.7% of them arrived in a forward-facing1572 car seat or booster seat and then departed in a rear-facing car seat indicating that they were too young or too small for forward facing.

There are also several documented cases. This is a family's keeping their young children forward-facing against the recommendations of the child passenger safety1589 technician, but1591 a law may have convinced them to turn their Back to rear-facing. I've had the opportunity to help with car seat events in Connecticut, where there is a law, and have worked with families who follow the law over their preferences. So I've witnessed firsthand how it is a valuable educational tool. One preventable child injury or death is too many, so I urge you to pass this Bill and help turn our passenger safety educators into our work to eliminate childhood injuries and fatal fatalities in motor vehicles. Thank you for your time.

TIMILTY - Thank you, Miss Summers, very much, and we concur as a committee with you that one fatality is too many. Thank you very much. We, as a committee, look forward to working with you, and, thank you as well for your appearance today and offering your expertise. Thank you so much.
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OMAR MASOOD - ADVOCATES FOR HIGHWAY & AUTO SAFETY - HB 2318 - Good morning. I'm the director of state government relations for Advocates for Highway and Auto Safety. Advocates is an alliance of consumer, medical, public health, law enforcement, safety groups, insurance companies, and agents working together to improve road safety in the US. Our mission is the adoption of federal and state laws, policies, and programs that prevent motor vehicle crashes, save lives, reduce injuries, and contain costs. We work in every state and Washington DC to advance safe roads, safe vehicles, and safe road users. We appreciate the opportunity to provide testimony. We strongly support updating the state's law to require children to remain in a rear-facing safety seat until at least two years old. This best practice will better safeguard our youngest, most vulnerable passengers who depend on adults for their safety. Children under age two are safer in rear-facing safety seats.

The American Academy of Pediatrics recommends this practice because children at that age have disproportionately large heads. They're extra smaller with weaker muscles and still developing spines. A rear-facing safety seat distributes the crash effect across the child's entire body instead of focusing it at belt points and with the head exposed. Without the protection of a rear-facing safety seat, which cradles the upper body, young kids are at greater risk, which can lead to serious injury or death. Specific metrics in state law make it easier for parents and caregivers to follow best practices for child patch safety. This upgrade is one of 16 vital traffic safety laws that we recommend every state adopt. Passing HB 2318 will bring messages in line with most New England states that have already adopted this law. Most importantly, doing so will save the lives of our precious babies and toddlers. We urge you to support this Bill. Thank you for your time.

TIMILTY- Mr. Masood, thank you very much for your advocacy for the protection of children, and all other matters transportation-wise. Thank you, sir.

MASOOD - You're welcome. Thanks.
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GREG PARKINSON - ICCD - HB 2318 - Okay. Chairman Timilty, honorable members, thank you again for the opportunity to testify on this, joint bill, as the co-chair of the injury prevention committee for the mass chapter of the American Academy of Pediatrics. I believe this is about the fifth time that I've, given testimony to this committee on the Bill, and I thank you for your favorable passage, last time around. I'm told that it takes about 10 years to get most Bills asked. So I feel like maybe we're about to cross the finish line because we're we're working on this Bill for now about 10 years. I don't need to reiterate what all the other speakers have said. We know that we're facing, toddlers who are safer than forward-facing toddlers. You've heard that from many people and the reasons why.

As you know, I'm coming to you today from my pediatric office in Falmouth, and this is where the rubber meets the road if you'll allow the car analogy. These are where parents come in. They want to know what to do to their children safe. I can tell you as somebody who was involved in the passage of the booster seat bill many years ago. The difference that that from coming in not being sure what to do to suddenly having a very clear idea because the legislature delineated needed what the safest practice was. It makes a world of difference, to people to parents who are information overloaded, sometimes misinformation online, and the legislator being clear on this. I can't speak to just how much it makes a difference in the one-to-one interaction that we have with families. You know, toddler peer pressure is a real thing. Some is a real thing. Some toddlers don't like to be rear-facing, and their parents say, can I please turn them?

And when you say, you know, this is an issue of great safety. It is it is, important that it makes a difference. But if we have your backup. It'll make all the more difference. The last point I want to make is that, you know, you're all very aware of the increasing strain that, immigrants, you know, have put on our system at this time and how they need care. Many of them do not come from a culture of safety like we have. So if we're working on eliminating disparities, this becomes even more critical to help these newest and most vulnerable members of our community, to know what is safe. Again, the law will make a difference. Because what we want is to make it so that these things never happen. So that our colleagues in Worcester, Springfield, in Boston, in the trauma centers never have to be involved because somebody was restrained incorrectly. Thank you.

TIMILTY - Doctor, thank you very much. Great and I appreciate your advocacy in what you do on the front lines. So thank you so much.

PARKINSON - I appreciate your time and your interest in this Bill.
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SHANE SIMENSTAD - SAFE KIDS WORLDWIDE - HB 2318 - SB 1524 - HB 2387 - Thank you, the chairs, and the committee for the opportunity to testify today, in support of House Bill 2318 and Senate Bill 1524. Also regarding House 2387. My name is Shane Simenstad, and I represent Safe Kids Worldwide. We're a grassroots nonprofit working to reduce the burden of preventable child injuries including those from motor vehicle crashes and child passenger safety is a critical aspect of our work from training the child passenger safety technicians who help parents install their children's car seats correctly to advocating for best practice state laws on the use of car seats. Regarding, House Bill 23182134 and Senate Bill 1524, I don't want to be duplicative of the other witnesses that have spoken today. But, you know, riding, rear-facing under the age of two is a best practice standard, as others have stated in alignment with the Academy of Pediatrics, and the National Highway Traffic Safety Administration's recommendations.

That this is very important, you know, that children of this age receive support to their head, neck, and spine, which are still developing, in the event of a crash. Regarding House Bill 2387, which would expand the existing child passenger state the, restraint exemption to ride-share vehicles. We would like to express, concern about such a measure. We appreciate that many ride-share companies have begun offering programs that match drivers with car seats, with customers who'll be bringing young children along on a ride. However, we remain concerned that expanding exemptions in the state's child passenger safety law sends the wrong message to drivers, parents, and families about the importance of properly and safely bringing children on the road. Thank you again for the opportunity to provide testimony today and for your time considering these measures.

TIMILTY - Thank you very much, sir. Thank you very much. Greatly appreciate your advocacy. Can see for what is a very serious issue for public safety here in the Commonwealth. Thank you very much. Right now, members of both the House and the Senate are immersed in their work in the House and Senate chambers and beyond. So, sir, I trust that we will be able to reach out to you with any follow-up questions that we have or any, queries for information.

SIMENSTAD - Absolutely. That'd be my pleasure.
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