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Senate File 321

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  INTENT AND FINDINGS.  It is the intent of the
  1  2 general assembly to require that all children under the age of
  1  3 fourteen wear an approved bicycle helmet when riding on a
  1  4 bicycle or when riding in a trailer towed by a bicycle.  The
  1  5 general assembly finds and declares the following:
  1  6    1.  Each year hundreds of children are killed and many more
  1  7 injured in bicycle-related accidents.
  1  8    2.  Head injuries account for more than half of all
  1  9 bicycle-related deaths and emergency room visits.
  1 10    3.  The single most effective safety device available to
  1 11 reduce head injuries and fatalities from bicycle crashes is a
  1 12 bicycle helmet.  Helmets have been shown to significantly
  1 13 reduce the risk of head injury and of brain injury.
  1 14    4.  In addition to saving lives and preventing injuries,
  1 15 bicycle helmets save money in avoided health care costs and
  1 16 other costs to society.
  1 17    Sec. 2.  Section 321.236, Code 2001, is amended by adding
  1 18 the following new subsection:
  1 19    NEW SUBSECTION.  14.  Requiring the use of bicycle helmets
  1 20 as provided in section 321.435 or in any other manner.
  1 21    Sec. 3.  NEW SECTION.  321.435  BICYCLE HELMETS.
  1 22    1.  If a local authority adopts an ordinance or resolution
  1 23 that regulates the use of bicycles, the ordinance or
  1 24 resolution may include any or all of the following types of
  1 25 provisions:
  1 26    a.  Prohibits a person under fourteen years of age from
  1 27 operating a bicycle, or riding on a bicycle as a passenger,
  1 28 unless that person is wearing a properly fitted and fastened
  1 29 bicycle helmet which meets the standards of the American
  1 30 national standards institute or the 1990 standard for
  1 31 protective headgear for use in bicycling produced by the Snell
  1 32 memorial foundation or another appropriate standard.
  1 33    b.  Requires a person under fourteen years of age who rides
  1 34 on a bicycle while in a restraining seat which is attached to
  1 35 the bicycle or in a trailer towed by a bicycle to wear a
  2  1 helmet that meets the standards described in paragraph "a".
  2  2    c.  Requires a person regularly engaged in the business of
  2  3 renting bicycles to provide a helmet to any person required to
  2  4 wear a helmet by the ordinance or resolution who will operate
  2  5 the bicycle, if the person does not already have a helmet.  A
  2  6 reasonable fee may be charged for the helmet rental.
  2  7    2.  A person regularly engaged in the business of renting
  2  8 bicycles who is regulated by an ordinance or resolution
  2  9 adopted under subsection 1, paragraph "c", and who complies
  2 10 with that paragraph is not liable for damages for any injuries
  2 11 sustained by a bicycle operator or passenger as a result of
  2 12 the operator's or passenger's failure to wear a helmet or to
  2 13 wear a properly fitted or fastened helmet in violation of an
  2 14 ordinance or resolution adopted under this section.
  2 15    3.  A violation of an ordinance or resolution adopted under
  2 16 this section shall not be considered admissible or material as
  2 17 evidence of comparative fault under chapter 668.
  2 18    4.  The department of public health shall publish a list of
  2 19 bicycle helmets that meet the standards described in
  2 20 subsection 1, paragraph "a".
  2 21    Sec. 4.  MATERIALS TO LOCAL COMMUNITIES.  The department of
  2 22 public health shall work in conjunction with the Iowa safe
  2 23 kids coalition to provide bicycle safety education information
  2 24 to local communities for distribution in those communities.  
  2 25                           EXPLANATION
  2 26    This bill allows local authorities to adopt ordinances or
  2 27 resolutions that regulate the use of bicycles in any or all of
  2 28 the following manners or in any other manner:
  2 29    Requires persons under 14 years of age who are operating or
  2 30 riding on a bicycle to wear bicycle helmets.
  2 31    Requires persons under 14 years of age who ride on a
  2 32 bicycle while in a restraining seat attached to the bicycle or
  2 33 in a trailer towed by a bicycle to wear bicycle helmets.
  2 34    Requires persons renting bicycles to the public to provide
  2 35 helmets to renters for a reasonable fee.
  3  1    The bill also provides that persons renting bicycles in
  3  2 compliance with such a local ordinance or resolution are not
  3  3 liable for damages sustained as a result of an operator's or
  3  4 passenger's failure to properly wear a helmet.
  3  5    The bill provides that a violation of an ordinance or
  3  6 resolution adopted under the Act shall not be evidence of
  3  7 comparative fault under Code chapter 668.
  3  8    The bill requires the department of public health to
  3  9 publish a list of approved bicycle helmets.
  3 10    The bill directs the department of public health to work
  3 11 with the Iowa safe kids coalition to distribute bicycle safety
  3 12 education information to local communities.  
  3 13 LSB 1829SV 79
  3 14 nh/cf/24
     

Text: SF00320                           Text: SF00322
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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