HB1605: requiring children under the age of 2 years be restrained in a motor vehicle.

HB 1605-FN - AS INTRODUCED

2020 SESSION

20-2017

11/01

HOUSE BILL 1605-FN

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

SPONSORS: Rep. Fenton, Ches. 8; Rep. Conley, Straf. 13; Rep. Wilhelm, Hills. 42; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 5

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.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2017

11/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT requiring children under the age of 2 years 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 and more than 2 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.

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 the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213. If the passenger is 40 inches or more in height and weighs 40 pounds or more, the provisions of this paragraph shall not apply.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

20-2017

12/5/19

HB 1605-FN- FISCAL NOTE

AS INTRODUCED

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

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

METHODOLOGY:

This bill requires passengers less than two years of age be in a rear facing child restraint system, of which noncompliance would result in a violation level offense. 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 expenditures, however 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.

AGENCIES CONTACTED:

Judicial Branch and Department of Safety