Text: HF00472 Text: HF00474 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135.113 BICYCLE HELMET LIST –
1 2 BICYCLE SAFETY FUND.
1 3 1. The director shall publish a list of bicycle helmets
1 4 which meet the standards of the American national standards
1 5 institute or the 1990 standard for protective headgear for use
1 6 in bicycling produced by the Snell memorial foundation or
1 7 another appropriate standard as adopted by the director by
1 8 rule.
1 9 2. A bicycle safety fund is created in the state treasury
1 10 under the control of the department. All moneys collected in
1 11 fines for bicycle helmet violations under section 321.435
1 12 shall be deposited in the fund. Moneys in the fund shall be
1 13 used to provide bicycle safety education programs and assist
1 14 low-income families in purchasing bicycle helmets approved by
1 15 the director pursuant to subsection 1. Notwithstanding
1 16 section 12C.7, subsection 2, interest or earnings on moneys
1 17 deposited in the fund shall accrue to the fund.
1 18 Sec. 2. NEW SECTION. 321.435 BICYCLE HELMETS.
1 19 1. a. A youth, as defined in this section, shall not
1 20 operate a bicycle, or ride on a bicycle as a passenger, unless
1 21 the youth is wearing a properly fitted and fastened bicycle
1 22 helmet which meets the standards of the American national
1 23 standards institute or the 1990 standard for protective
1 24 headgear for use in bicycling produced by the Snell memorial
1 25 foundation or another appropriate standard as adopted by the
1 26 director of the department of public health pursuant to
1 27 section 135.113.
1 28 b. A youth who rides on a bicycle while in a restraining
1 29 seat which is attached to the bicycle or in a trailer towed by
1 30 a bicycle shall also wear a helmet as required by this
1 31 section.
1 32 2. a. A person regularly engaged in the business of
1 33 renting bicycles shall require each person seeking to rent a
1 34 bicycle to provide the person's signature either on the rental
1 35 form or on a separate form indicating both of the following:
2 1 (1) Receipt of a written explanation of the provisions of
2 2 this section and the penalties for violations.
2 3 (2) A statement concerning whether a youth will operate
2 4 the bicycle.
2 5 b. A person regularly engaged in the business of renting
2 6 bicycles shall provide a helmet to a youth required to wear a
2 7 helmet under this section who will operate the bicycle, ride
2 8 on the bicycle, or be towed by the bicycle, if the youth does
2 9 not already have a helmet. A reasonable fee may be charged
2 10 for the helmet rental.
2 11 c. A person regularly engaged in the business of renting
2 12 bicycles who complies with this section is not liable for
2 13 damages for any injuries sustained by a bicycle operator or
2 14 passenger as a result of the operator's or passenger's failure
2 15 to wear a helmet or to wear a properly fitted or fastened
2 16 helmet in violation of this section.
2 17 3. a. A youth who violates subsection 1 shall receive a
2 18 warning of the violation. The parent or legal guardian of a
2 19 youth who violates subsection 1 prior to July 1, 2002, shall
2 20 also receive a warning of the violation. The parent or legal
2 21 guardian of a youth who violates subsection 1 on or after July
2 22 1, 2002, is subject to a scheduled fine under section 805.8,
2 23 subsection 2, paragraph "aj", unless the parent or legal
2 24 guardian, within a reasonable time, provides proof that the
2 25 youth has acquired a bicycle helmet which meets the standards
2 26 in subsection 1.
2 27 b. A person who violates subsection 2 on or after
2 28 September 1, 2001, is subject to a scheduled fine under
2 29 section 805.8, subsection 2, paragraph "aj".
2 30 4. For purposes of this section, "youth" means a child
2 31 under twelve years of age except for a child under twelve
2 32 years of age who has completed the fifth grade.
2 33 Sec. 3. Section 805.8, subsection 2, Code 2001, is amended
2 34 by adding the following new paragraph:
2 35 NEW PARAGRAPH. aj. For violations of section 321.435
3 1 which are subject to a fine pursuant to that section, the
3 2 scheduled fine is fifteen dollars. Notwithstanding sections
3 3 602.8106 and 602.8108, all moneys collected pursuant to this
3 4 paragraph shall be deposited in the bicycle safety fund
3 5 created in section 135.113.
3 6 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection
3 7 3, shall not apply to this Act.
3 8 EXPLANATION
3 9 This bill requires persons under 12 years of age, except
3 10 persons under 12 who have completed the fifth grade, who are
3 11 operating or riding on a bicycle, including children in
3 12 restraining seats or trailers, to wear bicycle helmets. It
3 13 provides for a warning to be issued to a violator and, for
3 14 violations occurring prior to July 1, 2002, to the parent or
3 15 legal guardian of a violator. The parent or legal guardian of
3 16 a violator is subject to a scheduled fine of $15 for
3 17 violations occurring on or after July 1, 2002, unless the
3 18 parent or legal guardian provides proof of acquisition of a
3 19 bicycle helmet within a reasonable time.
3 20 The bill requires persons renting bicycles to the public to
3 21 have renters sign an acknowledgement form and to provide
3 22 helmets to renters for a reasonable fee. The bill also
3 23 provides that persons renting bicycles in compliance with the
3 24 requirements are not liable for damages sustained as a result
3 25 of an operator's or passenger's failure to properly wear a
3 26 helmet. A person violating the requirements on or after
3 27 September 1, 2001, is also subject to the $15 scheduled fine.
3 28 Finally, the bill requires the director of the department
3 29 of public health to publish a list of approved bicycle helmets
3 30 and creates a bicycle safety fund under the control of the
3 31 department of public health to provide bicycle safety
3 32 education programs and assist low-income families in
3 33 purchasing bicycle helmets. Moneys collected for violations
3 34 of this bill are deposited in the bicycle safety fund.
3 35 The bill may include a state mandate as defined in Code
4 1 section 25B.3. This bill makes inapplicable Code section
4 2 25B.2, subsection 3, which would relieve a political
4 3 subdivision from complying with a state mandate if funding for
4 4 the cost of the state mandate is not provided or specified.
4 5 Therefore, political subdivisions are required to comply with
4 6 any state mandate included in this bill.
4 7 LSB 3016HH 79
4 8 nh/cf/24
Text: HF00472 Text: HF00474 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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