HB 1621-FN - AS INTRODUCED
HOUSE BILL 1621-FN
SPONSORS: Rep. Cleaver, Hills. 35; Rep. P. Schmidt, Straf. 19; Rep. Knirk, Carr. 3; Rep. Sofikitis, Hills. 34
This bill requires that every person operating a motorcycle, motor-driven cycle, or bicycle on a public way or off-road trail wear protective headgear.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
265:122 Protective Headgear. No person shall drive or ride upon a motorcycle unless he or she wears protective headgear in compliance with 49 C.F.R. section 571.218 and as prescribed by the director of the department of safety, division of motor vehicles. All protective headgear shall be correctly sized for the driver or rider and shall be equipped with a chin strap. The operator of a motorcycle shall be responsible for passenger compliance with this section. Any operator of a motorcycle who transports a passenger who does not have protective headgear as outlined in this section shall be fined $50, even if the operator is in compliance. Any operator of a motorcycle who personally violates this section shall be fined $50 for such violation.
X. No person [less than 18 years of age] may ride or sit as a passenger on [a class 3] an electric bicycle unless he or she wears a properly-fitted and fastened bicycle helmet that meets standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials[, or standards subsequently established by those entities].
265:152-a Protective Headgear. No person shall drive or ride upon a bicycle or moped unless he or she wears protective headgear in compliance with 16 C.F.R. part 1203 and as prescribed by the director of the department of safety, division of motor vehicles. All protective headgear shall be correctly sized for the driver or rider and shall be equipped with a chin strap.
II. The [maximum] fine for a violation of RSA [265:144, X] 265:152-a shall be [$35] $50 for each occurrence.
I. RSA 265:144, X, relative to protective headgear for operators of bicycles.
II. RSA 126-A:5, XIII, relative to rulemaking authority of the commissioner of the department of health and human service.
HB 1621-FN- FISCAL NOTE
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
[ X ] General [ ] Education [ ] Highway [ X ] Other - Restricted - Cost of Collections*
*Pursuant to Part II, article 6-a of the New Hampshire constitution, any costs associated with the collection and administration of Highway Funds by the Department of Safety shall be deducted by the Department before such funds are credited to the Highway Fund as unrestricted revenue.
This bill requires every person operating a motorcycle or bicycle on a public way or off-road trail to wear protective headgear, creating a violation level offense and a $50 fine. There is no method to determine how many charges, if any, would be brought as a result of bill to determine the fiscal impact on state revenues.
The Judicial Branch estimates average cost of violation level cases to be $52 in FY 2021 and $54 in FY 2022. It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. Additionally, the Department of Safety expects it would incur an estimated $10,000 in costs in FY 2021 relative to needed system and uniform fine schedule changes, to update the driver’s license manual, and to provide funding for a media campaign to educate the public. Also, the Department estimates an additional $50,000 would be needed to update the automated driver license test system to include updated verbiage for the helmet requirement (test questions in this system are recorded and drafted in eight different languages to be available both written and audibly.)
Judicial Branch and Department of Safety
|Feb. 4, 2020||House||Hearing|
|Feb. 12, 2020||House||Exec Session|
|Feb. 19, 2020||House||Floor Vote|
|Feb. 20, 2020||House||Floor Vote|
|Jan. 8, 2020||Introduced 01/08/2020 and referred to Transportation HJ 1 P. 29|
|Feb. 4, 2020||Public Hearing: 02/04/2020 01:00 pm Reps Hall|
|Feb. 12, 2020||Executive Session: 02/12/2020 10:00 am LOB 203|
|Feb. 19, 2020||Majority Committee Report: Inexpedient to Legislate for 02/19/2020 (Vote 16-4; RC) HC 7 P. 37|
|Majority Committee Report: Inexpedient to Legislate (Vote 16-4; RC)|
|Minority Committee Report: Ought to Pass|
|Feb. 20, 2020||Special Order to regular place in next calendar (Rep. Ley): MA VV 02/20/2020|