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