HB2850 97TH GENERAL ASSEMBLY

LRB097 10388 HEP 50606 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2850

Introduced 2/22/2011, by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:

New Act

Creates the Child Bicycle Helmet Safety Awareness Act. Contains legislative findings and definitions. Provides that a person under the age of 15 may not operate or be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way unless at all times when the person is so-engaged he or she wears a protective bicycle helmet of good fit fastened securely upon the head. Provides that a parent or legal guardian of a person under the age of 15 may not permit the person to operate or be a passenger on a bicycle in an unlawful manner. Provides that no person may rent or lease any bicycle to or for the use of any person under the age of 15 on a highway, multipurpose public path, or other public right-of-way unless certain conditions are met. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Child Bicycle Helmet Safety Awareness Act.

Section 5. Legislative findings.

(a) The General Assembly finds the following:

(1) Disability and death of children resulting from injuries sustained in bicycling crashes are a serious threat to the public health, welfare, and safety of the people of this State, and the prevention of such disability and death is a goal of the people.

(2) Head injuries are the leading cause of disability and death from bicycling crashes.

(3) The risk of head injury from bicycling crashes is significantly reduced for bicyclists who wear proper protective bicycle helmets, but helmets are not worn by most child bicyclists nationwide.

(b) The purpose of this Act is to reduce the incidence of disability and death resulting from injuries incurred in bicycling crashes by promoting awareness that while riding on a bicycle on the public roads, public bicycle paths, and other public rights-of-way of this State, all bicycle operators and passengers age 14 years and younger are required to wear approved protective bicycle helmets that meet the requirements of the U.S. Consumer Product Safety Commission.

Section 10. Definitions. In this Act:

"Multipurpose public path" means a right-of-way under the jurisdiction and control of this State or local authorities for use primarily by bicycles or pedestrians or both.

"Other public right-of-way" means any right-of-way other than a highway or multipurpose public path that is under the jurisdiction and control of this State or local authorities and is designed for use and used by vehicular or pedestrian traffic or both.

"Passenger" means any person who travels on a bicycle in any manner except as an operator.

"Protective bicycle helmet" means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by:

(1) the U.S. Consumer Product Safety Commission for headgear purchased on or after March 10, 1999; or

(2) the American National Standards Institute (ANSI), the American Society of Testing and Materials (ASTM), or the Snell Memorial Foundation for headgear purchased before March 10, 1999.

Section 15. Use of helmets by persons under the age of 15.

(a) No person under the age of 15 may operate or be a passenger on a bicycle on a highway, multipurpose public path, or other public right-of-way unless at all times when the person is so-engaged he or she wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet.

(b) No parent or legal guardian of a person under the age of 15 may permit the person to operate or be a passenger on a bicycle in violation of subsection (a) of this Section.

(c) No person may rent or lease any bicycle to or for the use of any person under the age of 15 on a highway, multipurpose public path, or other public right-of-way unless:

(1) the person renting or leasing the bicycle observes that the person possesses a protective bicycle helmet;

(2) the person renting or leasing the bicycle also offers to provide a protective bicycle helmet to the person; or

(3) the person renting or leasing the bicycle to a person under the age of 15 posts a clearly visible sign for customers stating: "Illinois law requires that a protective bicycle helmet be worn by persons under the age of 15 who are operators or passengers on a bicycle.".

Section 20. Public awareness campaign. Subject to appropriation, the Illinois Department of Public Health, working in cooperation with State and local public health, educational and law enforcement departments and agencies, shall develop a public awareness campaign to educate the public concerning the dangers posed, especially to persons under the age of 15, of riding bicycles without protective helmets.

Section 99. Effective date. This Act takes effect upon becoming law.