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F I S C A L I M P A C T R E P O R T

SPONSOR Lopez

ORIGINAL DATE

LAST UPDATED

2/6/2007

3/16/2007 HB

SHORT TITLE Child Helmet Safety Act

SB 397/a SPAC/aSJC/a HJC

ANALYST Schuss

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

Brain Injury Advisory Council (BIAC)

Department of Health (DOH)

New Mexico State Police (NMSP)

Aging and Long Term Services Department (ALTSD)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment changes Sections 4 and 5 of SB 397.

The amendment removes

Subsections B and C of Section 4. These sections stated the following:

B. A person engaged in the business of selling or renting bicycles, skates, scooters or

skateboards who complies with the Child Helmet Safety Act shall not be liable in a civil action

for damages for physical injuries sustained by or as a result of a minor customer's failure to

wear a protective helmet in violation of the provisions of the Child Helmet Safety Act.

C. The owner of a public skateboard park shall not be liable in a civil action for damages

for physical injuries sustained by or as a result of a minor customer's failure to wear a protective

helmet in violation of the provisions of the Child Helmet Safety Act.

Senate Bill 397/aSPAC/aSJC/a HJC – Page

2

The amendment revises Section 5 to read:

Failure to wear a protective helmet shall not limit or apportion damages.

Synopsis of SJC Amendment

The Senate Judiciary Committee amendment to Senate Bill 397 removes the definition of

"other

public right of way".

Synopsis of SPAC Amendment

The amendment to Senate Bill 397 cleans up and clarifies Subsection A of Section 3.

Synopsis of Original Bill

Senate Bill 397 enacts the “Child Helmet Safety Act," prohibiting a parent or legal guardian of a

person under 18 from knowingly permitting that minor to operate or be a passenger of a bicycle,

skates, scooter or skateboard on public roadways, public bicycle paths, public skateboard parks

or other public rights of way unless the minor wears a protective helmet that is fastened securely

upon the head with the straps of the helmet. Under the bill, a parent or guardian who violates

this prohibition shall pay a civil penalty of up to $10. The bill provides that if the violation is a

first offense, a magistrate or municipal court may issue a verbal warning or require, in lieu of a

fine, proof that a protective helmet has been purchased for use by the minor. The bill provides

that a municipal court may issue only a verbal warning for a first or later violation.

SB 397 requires a person engaged in renting bicycles, skates, scooters or skateboards to provide

a protective helmet to a person under 18 who will be an operator or passenger of the rented

equipment, if the minor does not already have a helmet. The bill allows for the charging of a

reasonable fee for the protective helmet rental. The bill provides that a person engaged in the

selling or rental of bikes, skates, scooters or skateboards who complies with the act shall not be

liable for civil damages for injuries sustained by or as a result of a minor customer’s failure to

wear a helmet in violation of the act. SB 397 further provides that the owner of a public

skateboard park shall not be civilly liable in the event of physical injuries sustained as a result of

the minor customer’s failure to wear a helmet in violation of the act.

SB 397 also provides that no negligence or liability shall be assessed or imputed to any party on

account of a violation of the act, and failure to wear a helmet shall not limit or apportion

damages.

FISCAL IMPLICATIONS

According to BIAC’s analysis, the total annual cost of traffic-related bicyclist death and injury

among children ages 14 and under is more than $2.2 billion in the United States. A review of

hospital discharge data in Washington State found that treatment for nonfatal bicycle injuries

among children ages 14 and under costs more than $113 million each year, an average of

$218,000 per injured child.

SIGNIFICANT ISSUES

AOC notes that SB 397 provides for concurrent jurisdiction by municipal and magistrate courts,

Senate Bill 397/aSPAC/aSJC/a HJC – Page

3

yet provides that only a municipal court has the discretion to issue only a verbal warning for

violations (Section 3(D)). Section 3(D) also appears to negate the penalties contained in the

statute.

AGO states that SB 397 raises the issue of whether parents should be subject to penalties for

their children’s violations. Under the current language of the bill, a parent that knowingly allows

a minor child to engage in recreational vehicle use without a helmet may be subject to a verbal

warning or a civil penalty not to exceed ten dollars.

SB 397 is a DOH bill and according to their analysis, among all recreational sports, bicycling

injuries are the leading cause of emergency room visits for children and adolescents (American

Academy of Pediatrics). In 2004, the number of bicycle crash head injuries resulting in

hospitalization was more than eight times higher than those caused by either baseball or football

(Bicycle Helmet Safety Institute). Traumatic brain injury accounts for two thirds of all bicycle-

related fatalities (Center for Disease Control) and nearly half (47%) of hospitalizations (SAFE

KIDS Worldwide). Skateboards ranked the fourth most hazardous sport for head injuries in

2004, scooters fifth, and in-line skating ninth (Bicycle Helmet Safety Institute). It is estimated

that there are approximately 10 emergency room visits per week by minors who sustain head

injuries while using bicycles, skateboards, scooters, or in-line skates in New Mexico (National

Emergency Incidence Data System).

ALTSD states that twenty states and the District of Columbia have already passed helmet laws.

A number of those states have shown a 45% reduction in Traumatic Brain Injury due to the new

laws. In addition, Georgia and Oregon have shown a 20 % increase in compliance within the

first year without enforcement efforts (National Pediatric Trauma Registry).

The results of a study done by the CDC Public Health Law News, January 19, 2005, support the

enactment of helmet legislation for children. The study was done to determine whether bicycle

safety helmet legislation in California, 1994, was associated with statistically significant

reductions in head injuries among bicyclists under age 17 who were subject to the law.

California legislation was found to be associated with a reduction of 18.2% in the proportion of

traumatic brain injuries among the injured bicyclists 17 years of age and under. The greatest

decrease in the proportion having traumatic brain injuries were the youngest riders, aged 0-9

years.

PERFORMANCE IMPLICATIONS

DOH states that SB 397 relates to their Strategic Plan Epidemiology and Response purpose to

monitor health, provide health information, prevent disease and injury, promote health and

healthy behaviors, respond to public health events, and provide health emergency management

and vital registration services to New Mexicans.

TECHNICAL ISSUES

AOC lists the following issue:

1)

Section 3(A) requires that a minor wear a bicycle helmet, “while on the bicycle."

Perhaps skates, scooter or skateboard should be included in this statement.

2)

Section 4(B) and (C): The phrase “for physical injuries sustained by or as a result of a

minor customer’s failure to wear…" does not make grammatical sense. Perhaps the

Senate Bill 397/aSPAC/aSJC/a HJC – Page

4

words “by or" should be removed entirely or the word “or" removed and replaced

with “the minor customer."

OTHER SUBSTANTIVE ISSUES

The Centers for Disease Control and Prevention (CDC) states that traumatic brain injury from all

causes is at or above the 90

th

national percentile in five New Mexico counties, at or above the

75

th

percentile but less than the 90

th

national percentile in 7 New Mexico counties. The

remaining counties are less than the 75

th

national percentile for persons of all ages (1989-1998).

In a previous DOH report, wearing a helmet resulted in a reduction of head injury by 85% and

traumatic brain injury by 88 %( Insurance Institute for Highway Safety and CDC). They further

report 76,000 minor children were injured seriously enough while in-line skating in 1996 to

require emergency medical care (The American Academy of Pediatrics 1998).

BS/mt