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Senate Study Bill 48

Conference Committee Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  321.444A  HELMETS.
  1  2    1.  A bicycle shall not be ridden upon a highway unless the
  1  3 person who is riding the bicycle is wearing protective
  1  4 headgear which complies with standards and specifications
  1  5 adopted by the department.  For purposes of this section,
  1  6 "wearing protective headgear" means having a safety helmet on
  1  7 the person's head that is fastened with the helmet straps and
  1  8 that is of a size that fits the person's head securely without
  1  9 excessive lateral or vertical movement.
  1 10    2.  A person shall not possess for the purpose of sale,
  1 11 offer for sale, or sell protective headgear for use by a
  1 12 person riding a bicycle unless the protective headgear meets
  1 13 the standards and specifications required under this section.
  1 14    Sec. 2.  Section 805.8, subsection 2, paragraph e, Code
  1 15 1995, is amended to read as follows:
  1 16    e.  For improperly used or nonused or defective or improper
  1 17 equipment under sections 321.383, 321.384, 321.385, 321.386,
  1 18 321.398, 321.402, 321.403, 321.404, 321.409, 321.419, 321.420,
  1 19 321.423, 321.430, and 321.433, the scheduled fine is twenty
  1 20 dollars.  For failing to wear protective headgear as required
  1 21 under section 321.444A, the scheduled fine is fifty dollars.  
  1 22                           EXPLANATION
  1 23    New section 321.444A is created in this bill.  The section
  1 24 requires persons who are riding a bicycle on the highway to
  1 25 wear protective headgear.
  1 26    The bill also prohibits a person from possessing for sale,
  1 27 offering for sale, or selling protective headgear which does
  1 28 not meet standards and specifications adopted by the
  1 29 department.  A person who does so may be charged with a simple
  1 30 misdemeanor which is punishable by a fine of at least $50 but
  1 31 no more than $100 or up to 30 days' imprisonment.
  1 32    Section 805.8 is amended to provide a scheduled fine for
  1 33 failure to wear protective headgear of $50.  
  1 34 LSB 1849SC 76
  1 35 js/sc/14
     

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