-------------------------------------------------------- ¦ REFERENCE TITLE: bicycle safety; minors; helmets; fund ¦ -------------------------------------------------------- ¦ ¦ ¦ ¦ ¦ ¦ ¦ State of Arizona ¦ ¦ House of Representatives ¦ ¦ Forty-fourth Legislature ¦ ¦ Second Regular Session ¦ ¦ 2000 ¦ -------------------------------------------------------- ¦ HB 2546 ¦ -------------------------------------------------------- ¦ Introduced by ¦ ¦ Representatives Nichols, Foster: Norris ¦ --------------------------------------------------------
AN ACT
AMENDING TITLE 28, CHAPTER 3, ARTICLE 11, ARIZONA REVISED STATUTES, BY ADDING SECTION 28-819; AMENDING TITLE 36, CHAPTER 13, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8; RELATING TO BICYCLE SAFETY.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, article 11, Arizona Revised Statutes, is amended by adding section 28-819, to read:
28-819. Bicycle operators and passengers under eighteen years of age; helmets required; standards; civil penalty; notice
A. AT ALL TIMES WHILE OPERATING OR RIDING ON A BICYCLE AN OPERATOR OF OR PASSENGER ON A BICYCLE WHO IS UNDER EIGHTEEN YEARS OF AGE SHALL WEAR A PROTECTIVE HELMET THAT IS SAFELY SECURED IN AN APPROPRIATE MANNER ON THE PERSON'S HEAD AND THAT MEETS THE STANDARDS PRESCRIBED IN SUBSECTION B OF THIS SECTION.
B. HELMETS REQUIRED PURSUANT TO SUBSECTION A OF THIS SECTION SHALL MEET AT LEAST ONE OF THE FOLLOWING STANDARDS OR ANY SUBSEQUENT STANDARDS DEVELOPED BY THE ORGANIZATION:
1. THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE.
2. THE SNELL MEMORIAL FOUNDATION'S 1984 STANDARD FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING.
3. THE CERTIFICATION STANDARD OF THE AMERICAN SOCIETY OF TESTING AND MATERIALS.
C. THIS SECTION APPLIES TO A PASSENGER IN:
1. A RESTRAINING SEAT ATTACHED TO A BICYCLE.
2. A BICYCLE TRAILER.
3. ANY OTHER DEVICE ATTACHED TO OR TOWED BY A BICYCLE.
D. AN ENFORCING OFFICIAL SHALL ISSUE A WRITTEN WARNING CITATION TO A PERSON FOR THE FIRST VIOLATION OF SUBSECTION A OF THIS SECTION. A COPY OF THE INITIAL WRITTEN WARNING CITATION AND ANY SUBSEQUENT CITATIONS SHALL BE PROVIDED TO THE PERSON'S PARENT OR GUARDIAN.
E. A PARENT OR GUARDIAN OF A PERSON WHO VIOLATES SUBSECTION A OF THIS SECTION AFTER RECEIVING AN INITIAL WRITTEN WARNING CITATION MAY BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE DOLLARS FOR THE FIRST OFFENSE AND NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH SUBSEQUENT OFFENSE IF THE PARENT OR GUARDIAN FAILED TO EXERCISE REASONABLE SUPERVISION OR CONTROL OVER THE PERSON'S CONDUCT, EXCEPT THAT THE CIVIL PENALTY MAY BE WAIVED IF THE PERSON CITED AND THAT PERSON'S PARENT OR GUARDIAN TAKE A BICYCLE EDUCATION COURSE THAT HAS BEEN APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH SERVICES. THE COURT IMPOSING AND COLLECTING THE CIVIL PENALTY SHALL TRANSFER THE MONIES, EXCLUSIVE OF ANY ASSESSMENTS IMPOSED PURSUANT TO SECTION 12-116.01, TO THE STATE TREASURER FOR DEPOSIT IN THE BICYCLE HELMET FUND ESTABLISHED BY SECTION 36-1691.
F. A PERSON WHO IS REGULARLY ENGAGED IN THE BUSINESS OF SELLING, RENTING OR LEASING BICYCLES SHALL POST A WRITTEN NOTICE THAT IS CLEARLY VISIBLE IN THE PUBLIC AREA OF THE PERSON'S BUSINESS ESTABLISHMENT AND THAT CONTAINS THE FOLLOWING LANGUAGE:
WHEN OPERATING OR RIDING ON A BICYCLE ANY PERSON WHO IS UNDER EIGHTEEN YEARS OF AGE IS REQUIRED TO WEAR A BICYCLE HELMET THAT MEETS THE SAFETY STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE, THE SNELL MEMORIAL FOUNDATION OR THE AMERICAN SOCIETY OF TESTING AND MATERIALS. THIS REQUIREMENT ALSO APPLIES TO ANY PERSON RIDING IN A RESTRAINING SEAT, A BICYCLE TRAILER OR ANY OTHER DEVICE ATTACHED TO OR TOWED BY A BICYCLE.
Sec. 2. Title 36, chapter 13, Arizona Revised Statutes, is amended by adding article 8, to read:
ARTICLE 8. BICYCLE HELMET FUND
36-1691. Bicycle helmet fund; sources of revenue; expenditures
A. THE BICYCLE HELMET FUND IS ESTABLISHED THAT CONSISTS OF MONIES RECEIVED FROM:
1. GIFTS, GRANTS AND DONATIONS.
2. CIVIL PENALTIES IMPOSED PURSUANT TO SECTION 28-819.
3. LEGISLATIVE APPROPRIATIONS.
B. THE DEPARTMENT OF HEALTH SERVICES SHALL ADMINISTER THE FUND.
C. ON NOTICE FROM THE DEPARTMENT, THE STATE TREASURER SHALL INVEST AND DIVEST MONIES IN THE FUND AS PROVIDED BY SECTION 35-313, AND MONIES EARNED FROM INVESTMENT SHALL BE CREDITED TO THE FUND. MONIES IN THE FUND ARE EXEMPT FROM THE PROVISIONS OF SECTION 35- 190 RELATING TO LAPSING OF APPROPRIATIONS.
D. THE DEPARTMENT SHALL SPEND THE MONIES IN THE FUND TO:
1. ASSIST PARENTS OR GUARDIANS OF PERSONS REQUIRED TO WEAR PROTECTIVE HELMETS PURSUANT TO SECTION 28-819 IN THE PURCHASE OF PROTECTIVE HELMETS IF THE PARENT OR GUARDIAN IS AN ASSISTANCE RECIPIENT OF THE FOOD STAMP PROGRAM AND CANNOT OTHERWISE AFFORD TO PURCHASE A PROTECTIVE HELMET.
2. PROVIDE FUNDING FOR EDUCATIONAL PROGRAMS DEVOTED TO BICYCLE SAFETY.
Sec. 3. Bicycle safety program
The director of the department of health services, in consultation with the governor's Arizona bicycle task force, shall develop, implement and coordinate a bicycle safety program. The program shall include material that covers the requirements of section 28-819, Arizona Revised Statutes, as added by this act, traffic cycling principles, bicycle handling skills and accident prevention.
Sec. 4. Delayed repeal
Section 3 of this act is repealed from and after June 30, 2010.