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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