00HOUSE BILL NO. 283                                                                                                    
01 "An Act requiring a person under 16 years of age to wear a helmet when riding                                           
02 a bicycle; and providing for an effective date."                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new                                 
05 section to read:                                                                                                        
06  SHORT TITLE.  This Act may be known as the "Child Helmet Law and Brain Injury                                          
07 Prevention Act."                                                                                                        
08    * Sec. 2.  The uncodified law of the State of Alaska is amended by adding a new section                            
09 to read:                                                                                                                
10  PURPOSE.  The purpose of this Act is to                                                                                
11   (1)  prevent the disability and death of children in the state resulting from head                                    
12 injuries sustained in bicycle accidents;                                                                                
13   (2)  prevent head injuries, which are the leading cause of disability and death                                       
14 from bicycle accidents;                                                                                                 

01   (3)  reduce costs to the state associated with head injuries, including long-term                                     
02 care costs; and                                                                                                         
03   (4)  reduce the risk involved in bicycling on a public highway, roadway, or                                           
04 vehicular way or area by mandating that children's heads are protected.                                                 
05    * Sec. 3.  AS 05.90 is amended by adding a new section to read:                                                    
06  Sec. 05.90.010.  Required use of bicycle helmet.  (a)  A person who is under                                        
07 16 years of age may not ride a bicycle on a public highway, roadway, vehicular way                                      
08 or area, bicycle path, or other public right-of-way, unless the person, at all times,                                   
09 wears a protective helmet of good fit, fastened securely upon the person's head with                                    
10 the straps of the helmet.                                                                                               
11  (b)  A parent or legal guardian of a person under 16 years of age may not                                             
12 knowingly permit the person under 16 years of age to ride a bicycle in violation of (a)                                 
13 of this section.                                                                                                        
14  (c)  A municipality may adopt standards as strict as or more stringent than the                                       
15 requirements of this section.                                                                                           
16  (d)  A person who violates this section is guilty of a violation and is subject                                       
17 to the following penalties:                                                                                             
18   (1)  for a first offense, a warning or a fine not to exceed $25; a court                                             
19 may waive the fine imposed under this paragraph upon presentation of evidence that                                      
20 the violator has purchased or procured a bicycle helmet and demonstrates the intention                                  
21 of using the helmet as required by law;                                                                                 
22   (2)  for a second or subsequent offense, a fine not to exceed $50.                                                   
23  (e)  In this section,                                                                                                 
24   (1)  "bicycle" means a human-powered vehicle with two or more wheels                                                 
25 designed to transport, by the action of pedaling, one or more persons seated on one or                                  
26 more saddle seats on the vehicle's frame;                                                                               
27   (2)  "bicycle helmet" means a piece of headgear that meets or exceeds                                                
28 the impact standard for protective bicycle helmets set by the American National                                         
29 Standards Institute, the Snell Memorial Foundation, or the American Society for                                         
30 Testing and Materials, or an established safety standard adopted by law;                                                
31   (3)  "highway" has the meaning given in AS 28.40.100;                                                                

01   (4)  "roadway" has the meaning given in AS 28.40.100;                                                                
02   (5)  "vehicular way or area" has the meaning given in AS 28.40.100.                                                  
03    * Sec. 4.  This Act takes effect July 1, 2000.