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