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