Text: S03411                            Text: S03413
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3412

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-3354, to Senate File
  1  2 424, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  Page 1, by inserting after line 13 the
  1  5 following:
  1  6    ""Sec. 101.  NEW SECTION.  135.110  BICYCLE SAFETY
  1  7 FUND.
  1  8    1.  The director shall publish a list of bicycle
  1  9 helmets which meet the standards of the American
  1 10 national standards institute or the 1990 standard for
  1 11 protective headgear for use in bicycling produced by
  1 12 the Snell memorial foundation or another appropriate
  1 13 standard as adopted by the director by rule.
  1 14    2.  A bicycle safety fund is created in the state
  1 15 treasury under the control of the department.  All
  1 16 moneys collected in fines for bicycle helmet
  1 17 violations under section 321.435 shall be deposited in
  1 18 the fund.  Moneys in the fund shall be used to provide
  1 19 bicycle safety education programs and assist low-
  1 20 income families in purchasing bicycle helmets approved
  1 21 by the director pursuant to subsection 1.
  1 22 Notwithstanding section 12C.7, subsection 2, interest
  1 23 or earnings on moneys deposited in the fund shall
  1 24 accrue to the fund.""
  1 25    #2.  Page 1, by inserting before line 26 the
  1 26 following:
  1 27    "Sec. 102.  NEW SECTION.  321.435  BICYCLE HELMETS.
  1 28    1.  a.  A person under fourteen years of age shall
  1 29 not operate a bicycle, or ride on a bicycle as a
  1 30 passenger, unless that person is wearing a properly
  1 31 fitted and fastened bicycle helmet which meets the
  1 32 standards of the American national standards institute
  1 33 or the 1990 standard for protective headgear for use
  1 34 in bicycling produced by the Snell memorial foundation
  1 35 or another appropriate standard as adopted by the
  1 36 director of the department of public health pursuant
  1 37 to section 135.110.
  1 38    b.  A person under fourteen years of age who rides
  1 39 on a bicycle while in a restraining seat which is
  1 40 attached to the bicycle or in a trailer towed by a
  1 41 bicycle shall also wear a helmet as required by this
  1 42 section.
  1 43    2.  a.  A person regularly engaged in the business
  1 44 of renting bicycles shall require each person seeking
  1 45 to rent a bicycle to provide the person's signature
  1 46 either on the rental form or on a separate form
  1 47 indicating both of the following:
  1 48    (1)  Receipt of a written explanation of the
  1 49 provisions of this section and the penalties for
  1 50 violations.
  2  1    (2)  A statement concerning whether a person under
  2  2 fourteen years of age will operate the bicycle.
  2  3    b.  A person regularly engaged in the business of
  2  4 renting bicycles shall provide a helmet to any person
  2  5 required to wear a helmet under this section who will
  2  6 operate the bicycle, if the person does not already
  2  7 have a helmet.  A reasonable fee may be charged for
  2  8 the helmet rental.
  2  9    c.  A person regularly engaged in the business of
  2 10 renting bicycles who complies with this section is not
  2 11 liable for damages for any injuries sustained by a
  2 12 bicycle operator or passenger as a result of the
  2 13 operator's or passenger's failure to wear a helmet or
  2 14 to wear a properly fitted or fastened helmet in
  2 15 violation of this section.
  2 16    3.  a.  A person who violates subsection 1 shall
  2 17 receive a warning of the violation.  The parent or
  2 18 legal guardian of a person who violates subsection 1
  2 19 prior to July 1, 2000, shall also receive a warning of
  2 20 the violation.  The parent or legal guardian of a
  2 21 person who violates subsection 1 on or after July 1,
  2 22 2000, is subject to a scheduled fine under section
  2 23 805.8, subsection 2, paragraph "ai", unless the parent
  2 24 or legal guardian, within a reasonable time, provides
  2 25 proof that the person has purchased or otherwise
  2 26 acquired a bicycle helmet which meets the standards in
  2 27 subsection 1.
  2 28    b.  A person who violates subsection 2 on or after
  2 29 September 1, 1999, is subject to a scheduled fine
  2 30 under section 805.8, subsection 2, paragraph "ai".
  2 31    Sec. 103.  Section 805.8, subsection 2, Code 1999,
  2 32 is amended by adding the following new paragraph:
  2 33    NEW PARAGRAPH.  ai.  For violations of section
  2 34 321.435 which are subject to a fine pursuant to that
  2 35 section, the scheduled fine is fifteen dollars.
  2 36 Notwithstanding sections 602.8106 and 602.8108, all
  2 37 moneys collected pursuant to this paragraph shall be
  2 38 deposited in the bicycle safety fund created in
  2 39 section 135.110.
  2 40    Sec. 104.  IMPLEMENTATION OF ACT.  Section 25B.2,
  2 41 subsection 3, shall not apply to sections 101 through
  2 42 103 of this Act.""
  2 43    #3.  Page 2, line 14, by inserting after the word
  2 44 "study," the following:  "providing a penalty,".
  2 45    #4.  By renumbering as necessary.  
  2 46 
  2 47 
  2 48                               
  2 49 MATT McCOY 
  2 50 
  3  1 
  3  2                               
  3  3 ELAINE SZYMONIAK 
  3  4 SF 424.511 78
  3  5 nh/jw
     

Text: S03411                            Text: S03413
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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