0001| HOUSE BILL 340 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| ROBERT A. PERLS | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO TRANSPORTATION; ESTABLISHING REQUIREMENTS FOR THE | 0013| USE, SALE AND LEASE OF BICYCLE SAFETY HELMETS FOR MINORS; | 0014| IMPOSING A PENALTY; ENACTING NEW SECTIONS OF THE MOTOR VEHICLE | 0015| CODE; MAKING AN APPROPRIATION. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. A new section of the Motor Vehicle Code is | 0019| enacted to read: | 0020| "[NEW MATERIAL] SHORT TITLE.--This act may be cited as | 0021| the "Bicycle Safety Helmet Act"." | 0022| Section 2. A new section of the Motor Vehicle Code is | 0023| enacted to read: | 0024| "[NEW MATERIAL] DEFINITIONS.-- As used in the Bicycle | 0025| Safety Helmet Act: | 0001| A. "bicycle safety helmet" means a protective | 0002| headgear that meets safety standards for bicycling; | 0003| B. "minor" means a person under sixteen years of | 0004| age; and | 0005| C. "safety standards" means the standards | 0006| established by the American national standards institute for | 0007| bicycle safety helmets or any other nationally recognized | 0008| standards for bicycle safety helmets." | 0009| Section 3. A new section of the Motor Vehicle Code is | 0010| enacted to read: | 0011| "[NEW MATERIAL] SAFETY STANDARDS FOR BICYCLE SAFETY | 0012| HELMET.--A bicycle safety helmet shall meet safety standards | 0013| adopted by the division." | 0014| Section 4. A new section of the Motor Vehicle Code is | 0015| enacted to read: | 0016| "[NEW MATERIAL] MANDATORY USE, SALE AND LEASE OF BICYCLE | 0017| SAFETY HELMETS.-- | 0018| A. A minor shall not operate a bicycle, ride upon a | 0019| bicycle as a passenger, ride in a restraining seat that is | 0020| attached to a bicycle or ride in a trailer towed by a bicycle | 0021| unless the minor is wearing a bicycle safety helmet. | 0022| B. A person shall not sell, or offer to sell, for | 0023| use by a minor any bicycle safety helmet that does not meet | 0024| safety standards adopted by the division. | 0025| C. A bicycle safety helmet sold or offered for sale | 0001| for use by a minor shall, by conspicuous manufacturer label, | 0002| disclose to consumers that it meets safety standards adopted by | 0003| the division. The label constitutes the manufacturer's | 0004| certification that the bicycle safety helmet conforms with | 0005| safety standards adopted by the division. | 0006| D. A person shall not lease or rent a bicycle to a | 0007| minor unless the lessee or the renter shows that he possesses a | 0008| bicycle safety helmet or unless a bicycle safety helmet is | 0009| included for use, lease or rent during the term of the bicycle | 0010| lease or rent." | 0011| Section 5. A new section of the Motor Vehicle Code is | 0012| enacted to read: | 0013| "[NEW MATERIAL] VIOLATION AND PENALTIES--USE OF PENALTY | 0014| COLLECTIONS.-- | 0015| A. A violation of the provisions of the Bicycle | 0016| Safety Helmet Act is punishable by a fine of not more than | 0017| twenty-five dollars ($25.00). The fines collected under this | 0018| section shall be allocated to the department of health to be | 0019| used for bicycle safety education programs and for a program | 0020| assisting low-income families in obtaining an approved bicycle | 0021| safety helmet for a minor. The department of health may | 0022| contract for services to implement this program. | 0023| B. The parent or legal guardian having control and | 0024| custody of a minor whose conduct violates the provisions of the | 0025| Bicycle Safety Helmet Act shall be jointly and severally liable, | 0001| with the minor, for the amount of a fine imposed pursuant to the | 0002| provisions of the Bicycle Safety Helmet Act." | 0003| Section 6. APPROPRIATION.--Ten thousand dollars ($10,000) | 0004| is appropriated from the general fund to the department of | 0005| health for expenditure in fiscal year 1997 for the purpose of | 0006| assisting low-income families in obtaining an approved bicycle | 0007| safety helmet for a minor, as provided in the Bicycle Safety | 0008| Helmet Act. Any unexpended or unencumbered balance remaining at | 0009| the end of fiscal year 1997 shall revert to the general fund. | 0010| Section 7. EFFECTIVE DATE.--The effective date of the | 0011| provisions of this act is July 1, 1996. | 0012| - 4 - State of New Mexico | 0013| House of Representatives | 0014| | 0015| FORTY-SECOND LEGISLATURE | 0016| SECOND SESSION, 1996 | 0017| | 0018| January 30, 1996 | 0019| | 0020| | 0021| Mr. Speaker: | 0022| | 0023| Your RULES AND ORDER OF BUSINESS COMMITTEE, to | 0024| whom has been referred | 0025| | 0001| HOUSE BILL 340 | 0002| | 0003| has had it under consideration and finds same to be | 0004| GERMANE in accordance with constitutional provisions. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| Barbara A. Perea Casey, | 0012| Chairperson | 0013| | 0014| | 0015| Adopted Not Adopted | 0016| | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date | 0020| | 0021| The roll call vote was 7 For 1 Against | 0022| Yes: 7 | 0023| No: Casey | 0024| Excused: Nicely, Olguin, Pederson, R. G. Sanchez, J. G. Taylor, | 0025| Wallach, S. Williams | 0001| Absent: None | 0002| | 0003| H0340RC1 |