An Act To Require Motorcyclists To Wear Helmets
Maine Legislature, Session 124, LD 0453
Senate Amendment SA_A_S179 (Senate)
Amends: 22 MRSA §3090, 29-A MRSA §2062-A

SENATE AMENDMENT" A " to H.P. 341, L.D. 453, Bill, "An Act To Require 
Motorcyclists To Wear Helmets" 
Amend the bill by striking out all of section 4 (page 1, lines 33 to 37 and page 2, lines 
and 2 in L.D.) and inserting the following: 
'Sec. 4. 22 MRSA §3090 is enacted to read: 
§3090. Motorcycle Head Injury Rehabilitation Fund 
The Motorcycle Head Injury Rehabilitation Fund, referred to in this section as "the 
fund," is established in the Maine Center for Disease Control and Prevention, referred to 
in th is section as "the center." Balances in the fund may not lapse but must be carried 
forward and used for the purposes of this section. 
1. Sources and uses of fund. Revenues from the motorcycle helmet waiver fee 
credited to the fund under Title 29-A, section 2062-A, subsections 4 and 5 must be used 
for rehabilitation services under this chapter to train, educate and physically rehabilitate 
persons who have sustained head injuries as a result of a motorcycle accident. The fund is 
the payor of last resort and may be used to provide services under this chapter only when 
there are no other available resources. 
2. Maximum amount of -services annually. A person eligible for the receipt of 
services under this section may receive no more than $10,000 per year for rehabilitation 
services. 
The Maine Center for Disease Control and Prevention may adopt rules necessary to 
administer and implement this section. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 29-A MRSA §2062-A is enacted to read: 
§2062-A. Motorcycle helmets required 
1. Prohibition. Except as provided in subsection 4 and subsection 5, a person may 
not operate a motorcycle or be a passenger on or in a sidecar attached to a motorcycle on 
a public way unless the person is wearing a protective helmet that conforms with 
minimum standards of construction and performance as prescribed by the American 
Page I - 124LR0128(03)-1 
SENATE AMENDMENT 
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SENATE AMENDMENT" A" to H.P. 341, L.D. 453 
National Standards Institute specifications Z90.1 or by the Federal Motor Vehicle Safety 
Standard No. 218 for motorcycle helmets and the helmet is properly fitted and secured to 
the person's head with a chin strap. 
2. Penalty. A person who violates this section commits a traffic infraction for which 
a fine of not less than $250 for the first offense and not less than $500 for a 2nd or 
subsequent offense may be adjudged. 
3. Enforcement. This section may be enforced only if a law enforcement officer has 
detained the operator or passenger of a motorcycle for a suspected violation of another 
law. 
4. Waiver of helmet requirement; operator. A person may operate a motorcycle 
on a public way without wearing a protective helmet if the person: 
A. Is at least 18 years of age; 
B. Has held a motorcycle license for at least 2 years; 
C. Has proof of insurance as requ ired under section 1605; and 
D. Submits an application for a waiver of the motorcycle helmet requirement under 
subsection 1 and an annual fee of $1 00 to the Secretary of State. 
5. Waiver of helmet requirement; passenger. A person may be a passenger on or 
in a sidecar attached to a motorcycle on a public way without wearing a protective helmet 
if the person: 
A. Is at least 18 years of age; and 
B. Submits an application for a waiver of the motorcycle helmet requirement under 
su bsection 1 and an annual fee of $1 00 to the Secretary of State. 
6. Motorcycle Head Injury Rehabilitation Fund. Fees collected by the Secretary 
of State under subsections 4 and 5 must be deposited with the Treasurer of State and 
credited as follows: 
A. Ninety-nine dollars of each fee to the Motorcycle Head Injury Rehabilitation 
Fund as established in Title 22, section 3090; and 
B. One dollar of each fee to the Highway Fund for administrative costs. 
7. Transfer of fees. On a quarterly basis, the Secretary of State shall transfer the 
revenue from the collection of the motorcycle helmet waiver fee to the Treasurer of State 
for deposit and crediting pursuant to subsection 5. 
The Secretary of State may adopt rules necessary to administer and implement this 
section. Rules adopted pursuant to this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by striking out all of section 6 (page 2, lines 4 to 9 in L.D.) and 
inserting the following: 
'Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DRS) 
SENATE AMENDMENT 
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SENATE AMENDMENT "k" to H.P. 341, L.D. 453 
Health - Bureau of 0143 
Initiative: Establishes the Motorcycle Head Injury Rehabilitation Fund and allocates 
funds from revenue received from the $ I 00 motorcycle helmet requirement waiver fee. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL - ALL FUNDS 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
2009-10 
$1,009,800 
$1,009,800 
2009-10 
$1,009,800 
$1,009,800 
Initiative: Provides funds for one part-time Assistant Clerk position. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
2009-10 
0.500 
$4,569 
$4,569 
2009-10 
$4,569 
$4,569 
2009-10 
$4,569 
$1,009,800 
SENATE AMENDMENT 
2010-11 
$1,009,800 
$1,009,800 
2010-11 
$1,009,800 
$1,009,800 
2010-11 
0.500 
$6,498 
$6,498 
2010-11 
$6,498 
$6,498 
2010-11 
$6,498 
$1,009,800 
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SENATE AMENDMENT ,-,4-" to H,P, 341, L.D, 453 
SECTION TOTAL - ALL FUNDS 
$1,014,369 
$1,016,298 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment provides that the motorcycle helmet requirement may only be 
enforced if a law enforcement officer has detained the operator or passenger of a 
motorcycle for a suspected violation of another law. The amendment also provides that a 
person may operate a motorcycle or be a passenger on or in a sidecar attached to a 
motorcycle on a public way without a helmet if that person meets certain requirements 
and submits an application and annual fee of $100 to the Secretary of State, The 
amendment gives the Secretary of State authority to adopt rules to implement the 
motorcycle helmet waiver fee, The amendment establishes the Motorcycle Head Injury 
Rehabilitation Fund, which must be used for rehabilitation services designed to train, 
educate and physically rehabilitate persons who have sustained head injuries as a result of 
a motorcycle accident. The amendment also adds an appropriations and allocations 
section, 
FISCAL NOTE REQUIRED 
SPONSORED BY: Sl~s~ 
(Senator DAMON) 
COUNTY: Hancock 
SENATE AMENDMENT 
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LD453 
LR 128(03) 
An Act To Require Motorcyclists To Wear Helmets 
Fiscal Note for Senate Amendment "A' 
Sponsor: Sen. Damon of Hancock 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Net Cost (Savings) 
General Fund 
Highway Fund 
$13,734 
($10,200) 
$20,598 
($10,200) 
$20,793 
($10,200) 
$20,994 
($10,200) 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Revenue 
General Fund 
Highway Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$4,569 
$1,009,800 
($9,165) 
$10,200 
$1,009,215 
$6,498 
$1,009,800 
($14,100) 
$10,200 
$1,008,900 
$6,693 
$1,009,800 
($14,100) 
$10,200 
$1,008,900 
$6,894 
$1,009,800 
($14,100) 
$10,200 
$1,008,900 
This amendment establishes the Motorcycle Head Injury Rehabilitation Fund within the Bureau of Health, Department 
of Health and Human Services, to train, educate and physically rehabilitate persons who have sustained head injuries 
from motorcycle accidents. It is funded through $99 of each $100 motorcycle helmet requirement waiver fee, 
increasing Other Special Revenue Funds by $1,009,800 beginning in fiscal year 2009-10. A corresponding Other 
Special Revenue Funds allocation has been given beginning in fiscal year 2009-10. The other $1 of each $100 
motorcycle helmet requirement waiver fee is credited to the Highway Fund, which increases by $10,200 beginning in 
fiscal year 2009-10. The estimated waiver fee revenue is based on 51,000 motorcycle registrations per year and 
assumes 20% of people registering a motorcycle will pay the waiver fee. The $100 waiver fee also applies to 
passengers on motorcycles. No estimate of the increase to the two funds from passengers is made at this time. 
This amendment will also reduce the General Fund revenue increase contained in the bill by $9,165 in fiscal year 2009· 
and $14,100 in fiscal year 20 10-11, 
LROI28(03) - Fiscal Note - Page I of I