Text: SF00395                           Text: SF00397
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Senate File 396

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  135.110  BICYCLE SAFETY FUND.
  1  2    1.  The director shall publish a list of bicycle helmets
  1  3 which meet the standards of the American national standards
  1  4 institute or the 1990 standard for protective headgear for use
  1  5 in bicycling produced by the Snell memorial foundation or
  1  6 another appropriate standard as adopted by the director by
  1  7 rule.
  1  8    2.  A bicycle safety fund is created in the state treasury
  1  9 under the control of the department.  All moneys collected in
  1 10 fines for bicycle helmet violations under section 321.435
  1 11 shall be deposited in the fund.  Moneys in the fund shall be
  1 12 used to provide bicycle safety education programs and assist
  1 13 low-income families in purchasing bicycle helmets approved by
  1 14 the director pursuant to subsection 1.  Notwithstanding
  1 15 section 12C.7, subsection 2, interest or earnings on moneys
  1 16 deposited in the fund shall accrue to the fund.
  1 17    Sec. 2.  NEW SECTION.  321.435  BICYCLE HELMETS.
  1 18    1.  a.  A person under fourteen years of age shall not
  1 19 operate a bicycle, or ride on a bicycle as a passenger, unless
  1 20 that person is wearing a properly fitted and fastened bicycle
  1 21 helmet which meets the standards of the American national
  1 22 standards institute or the 1990 standard for protective
  1 23 headgear for use in bicycling produced by the Snell memorial
  1 24 foundation or another appropriate standard as adopted by the
  1 25 director of the department of public health pursuant to
  1 26 section 135.110.
  1 27    b.  A person under fourteen years of age who rides on a
  1 28 bicycle while in a restraining seat which is attached to the
  1 29 bicycle or in a trailer towed by a bicycle shall also wear a
  1 30 helmet as required by this section.
  1 31    2.  a.  A person regularly engaged in the business of
  1 32 renting bicycles shall require each person seeking to rent a
  1 33 bicycle to provide the person's signature either on the rental
  1 34 form or on a separate form indicating both of the following:
  1 35    (1)  Receipt of a written explanation of the provisions of
  2  1 this section and the penalties for violations.
  2  2    (2)  A statement concerning whether a person under fourteen
  2  3 years of age will operate the bicycle.
  2  4    b.  A person regularly engaged in the business of renting
  2  5 bicycles shall provide a helmet to any person required to wear
  2  6 a helmet under this section who will operate the bicycle, if
  2  7 the person does not already have a helmet.  A reasonable fee
  2  8 may be charged for the helmet rental.
  2  9    c.  A person regularly engaged in the business of renting
  2 10 bicycles who complies with this section is not liable for
  2 11 damages for any injuries sustained by a bicycle operator or
  2 12 passenger as a result of the operator's or passenger's failure
  2 13 to wear a helmet or to wear a properly fitted or fastened
  2 14 helmet in violation of this section.
  2 15    3.  a.  A person who violates subsection 1 shall receive a
  2 16 warning of the violation.  The parent or legal guardian of a
  2 17 person who violates subsection 1 prior to July 1, 2000, shall
  2 18 also receive a warning of the violation.  The parent or legal
  2 19 guardian of a person who violates subsection 1 on or after
  2 20 July 1, 2000, is subject to a scheduled fine under section
  2 21 805.8, subsection 2, paragraph "ai", unless the parent or
  2 22 legal guardian, within a reasonable time, provides proof that
  2 23 the person has purchased or otherwise acquired a bicycle
  2 24 helmet which meets the standards in subsection 1.
  2 25    b.  A person who violates subsection 2 on or after
  2 26 September 1, 1999, is subject to a scheduled fine under
  2 27 section 805.8, subsection 2, paragraph "ai".
  2 28    Sec. 3.  Section 805.8, subsection 2, Code 1999, is amended
  2 29 by adding the following new paragraph:
  2 30    NEW PARAGRAPH.  ai.  For violations of section 321.435
  2 31 which are subject to a fine pursuant to that section, the
  2 32 scheduled fine is fifteen dollars.  Notwithstanding sections
  2 33 602.8106 and 602.8108, all moneys collected pursuant to this
  2 34 paragraph shall be deposited in the bicycle safety fund
  2 35 created in section 135.110.
  3  1    Sec. 4.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3  2 3, shall not apply to this Act.  
  3  3                           EXPLANATION
  3  4    This bill requires persons under 14 years of age who are
  3  5 operating or riding on a bicycle, including children in
  3  6 restraining seats or trailers, to wear bicycle helmets.  It
  3  7 provides for a warning to be issued to a violator and, for
  3  8 violations occurring prior to July 1, 2000, to the parent or
  3  9 legal guardian of a violator.  The parent or legal guardian of
  3 10 a violator is subject to a scheduled fine of $15 for
  3 11 violations occurring on or after July 1, 2000, unless the
  3 12 parent or legal guardian provides proof of acquisition of a
  3 13 bicycle helmet within a reasonable time.
  3 14    The bill requires persons renting bicycles to the public to
  3 15 have renters sign a release form and to provide helmets to
  3 16 renters for a reasonable fee.  The bill also provides that
  3 17 persons renting bicycles in compliance with the requirements
  3 18 are not liable for damages sustained as a result of an
  3 19 operator's or passenger's failure to properly wear a helmet.
  3 20 A person violating the requirements on or after September 1,
  3 21 1999, is also subject to the $15 scheduled fine.
  3 22    Finally, the bill requires the director of the department
  3 23 of public health to publish a list of approved bicycle helmets
  3 24 and creates a bicycle safety fund under the control of the
  3 25 department of public health to provide bicycle safety
  3 26 education programs and assist low-income families in
  3 27 purchasing bicycle helmets.  Moneys collected for violations
  3 28 of this bill are deposited in the bicycle safety fund.
  3 29    This bill may include a state mandate as defined in Code
  3 30 section 25B.3.  This bill makes inapplicable Code section
  3 31 25B.2, subsection 3, which would relieve a political
  3 32 subdivision from complying with a state mandate if funding for
  3 33 the cost of the state mandate is not provided or specified.
  3 34 Therefore, political subdivisions are required to comply with
  3 35 any state mandate included in this bill.  
  4  1 LSB 2325SV 78
  4  2 nh/cf/24
     

Text: SF00395                           Text: SF00397
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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