Bill Text - HB251 (2021)

(New Title) establishing a committee to study requiring New Hampshire children to be placed in rear facing restraints in motor vehicles.


Revision: April 19, 2021, 1:44 p.m.

HB 251-FN - AS AMENDED BY THE HOUSE

 

9Apr2021... 0652h

2021 SESSION

21-0308

11/05

 

HOUSE BILL 251-FN

 

AN ACT requiring children under the age of 2 yearsto be restrained in a motor vehicle.

 

SPONSORS: Rep. Fenton, Ches. 8

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill requires children under the age of 2 years old to be restrained in a rear facing child restraint in a motor vehicle.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9Apr2021... 0652h 21-0308

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring children under the age of 2 yearsto be restrained in a motor vehicle.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Rules of the Road; Child Passenger Restraints Required.  Amend RSA 265:107-a, I-b to read as follows:

I-b.  No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213.  If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.  Each child restraint system must be used in accordance with its manufacturer instructions, including manufacturer height and weight limits, proper attachment to the vehicle, correct securement of the child, and expiry dates.

I-c.  No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 2 years of age unless such passenger is properly fastened and secured by a rear facing child restraint system which is in accordance with safety standards.

2  Effective Date.  This act shall take effect January 1, 2022.

 

LBA

21-0308

Amended  4/19/21

 

HB 251-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2021-0652h)

 

AN ACT requiring children under the age of 2 years to be restrained in a motor vehicle.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [    ] Other

 

METHODOLOGY:

This bill modifies the requirements for child passenger restraints in a motor vehicle, to which those found guilty are subject to a violation level offense.  It is not possible to estimate how many new cases may arise as a result of this change, if any, however the Judicial Branch estimates average cost of violation level cases to be $54 in FY 2022.  It should be noted that average case cost estimates for 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, violations of this statute carry a fine of $50 for first offense and $100 for subsequent offenses.  Therefore, this bill may increase revenue to the state highway fund.

 

AGENCIES CONTACTED:

Judicial Branch

 

HB 251-FN - AS AMENDED BY THE HOUSE

 

9Apr2021... 0652h

2021 SESSION

21-0308

11/05

 

HOUSE BILL 251-FN

 

AN ACT requiring children under the age of 2 yearsto be restrained in a motor vehicle.

 

SPONSORS: Rep. Fenton, Ches. 8

 

COMMITTEE: Transportation

 

─────────────────────────────────────────────────────────────────

 

ANALYSIS

 

This bill requires children under the age of 2 years old to be restrained in a rear facing child restraint in a motor vehicle.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

9Apr2021... 0652h 21-0308

11/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT requiring children under the age of 2 yearsto be restrained in a motor vehicle.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Rules of the Road; Child Passenger Restraints Required.  Amend RSA 265:107-a, I-b to read as follows:

I-b.  No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213.  If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.  Each child restraint system must be used in accordance with its manufacturer instructions, including manufacturer height and weight limits, proper attachment to the vehicle, correct securement of the child, and expiry dates.

I-c.  No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 2 years of age unless such passenger is properly fastened and secured by a rear facing child restraint system which is in accordance with safety standards.

2  Effective Date.  This act shall take effect January 1, 2022.

 

LBA

21-0308

Amended  4/19/21

 

HB 251-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2021-0652h)

 

AN ACT requiring children under the age of 2 years to be restrained in a motor vehicle.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [    ] Other

 

METHODOLOGY:

This bill modifies the requirements for child passenger restraints in a motor vehicle, to which those found guilty are subject to a violation level offense.  It is not possible to estimate how many new cases may arise as a result of this change, if any, however the Judicial Branch estimates average cost of violation level cases to be $54 in FY 2022.  It should be noted that average case cost estimates for 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, violations of this statute carry a fine of $50 for first offense and $100 for subsequent offenses.  Therefore, this bill may increase revenue to the state highway fund.

 

AGENCIES CONTACTED:

Judicial Branch