Full Text of HB2850 97th General Assembly
HB2850 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2850 Introduced 2/22/2011, by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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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.
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| 1 | | AN ACT concerning public safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Child | 5 | | Bicycle Helmet Safety Awareness Act. | 6 | | Section 5. Legislative findings. | 7 | | (a) The General Assembly finds the following: | 8 | | (1) Disability and death of children resulting from | 9 | | injuries sustained in bicycling crashes are a serious | 10 | | threat to the public health, welfare, and safety of the | 11 | | people of this State, and the prevention of such disability | 12 | | and death is a goal of the people. | 13 | | (2) Head injuries are the leading cause of disability | 14 | | and death from bicycling crashes. | 15 | | (3) The risk of head injury from bicycling crashes is | 16 | | significantly reduced for bicyclists who wear proper | 17 | | protective bicycle helmets, but helmets are not worn by | 18 | | most child bicyclists nationwide. | 19 | | (b) The purpose of this Act is to reduce the incidence of
| 20 | | disability and death resulting from injuries incurred in
| 21 | | bicycling crashes by promoting awareness that while riding
on a | 22 | | bicycle on the public roads, public bicycle paths, and other | 23 | | public rights-of-way of this State, all bicycle operators and |
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| 1 | | passengers age 14 years and younger are required to wear | 2 | | approved protective bicycle helmets that meet the requirements | 3 | | of the U.S. Consumer Product Safety Commission. | 4 | | Section 10. Definitions. In this Act: | 5 | | "Multipurpose public path" means a right-of-way under the | 6 | | jurisdiction and control of this State or local authorities for | 7 | | use primarily by bicycles or pedestrians or both. | 8 | | "Other public right-of-way" means any right-of-way other | 9 | | than a highway or multipurpose public path that is under the | 10 | | jurisdiction and control of this State or local authorities and | 11 | | is designed for use and used by vehicular or pedestrian traffic | 12 | | or both. | 13 | | "Passenger" means any person who travels on a bicycle in | 14 | | any manner except as an operator. | 15 | | "Protective bicycle helmet" means a piece of headgear which | 16 | | meets or exceeds the impact standards for protective bicycle | 17 | | helmets set by: | 18 | | (1) the U.S. Consumer Product Safety Commission for | 19 | | headgear purchased on or after March 10, 1999; or | 20 | | (2) the American National Standards Institute (ANSI), | 21 | | the American Society of Testing and Materials (ASTM), or | 22 | | the Snell Memorial Foundation for headgear purchased | 23 | | before March 10, 1999. | 24 | | Section 15. Use of helmets by persons under the age of 15. |
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| 1 | | (a) No person under the age of 15 may operate or be a | 2 | | passenger on a bicycle on a highway, multipurpose public path, | 3 | | or other public right-of-way unless at all times when the | 4 | | person is so-engaged he or she wears a protective bicycle | 5 | | helmet of good fit fastened securely upon the head with the | 6 | | straps of the helmet. | 7 | | (b) No parent or legal guardian of a person under the age | 8 | | of 15 may permit the person to operate or be a passenger on a | 9 | | bicycle in violation of subsection (a) of this Section. | 10 | | (c) No person may rent or lease any bicycle to or for the | 11 | | use of any person under the age of 15 on a highway, | 12 | | multipurpose public path, or other public right-of-way unless: | 13 | | (1) the person renting or leasing the bicycle observes
| 14 | | that the person possesses a protective
bicycle helmet; | 15 | | (2) the person renting or leasing the bicycle also | 16 | | offers to provide a protective bicycle helmet to the | 17 | | person; or | 18 | | (3) the person renting or leasing the bicycle to a | 19 | | person under the age of 15 posts a clearly visible sign for | 20 | | customers stating: "Illinois law requires that a | 21 | | protective bicycle helmet be worn by persons under the age | 22 | | of 15 who are operators or passengers on a bicycle.". | 23 | | Section 20. Public awareness campaign. Subject to | 24 | | appropriation, the Illinois Department of Public Health, | 25 | | working in cooperation with State and local public health, |
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| 1 | | educational and law enforcement departments and agencies, | 2 | | shall develop a public awareness campaign to educate the public | 3 | | concerning the dangers posed, especially to persons under the | 4 | | age of 15, of riding bicycles without protective helmets.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.
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