SENATE BILL REPORT

SB 6398

BYSenators Hayner, Bailey and Johnson

Requiring the wearing of bicycle helmets.

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):February 1, 1990

Senate Staff:Don Sloma (786-7414)

AS OF FEBRUARY 1, 1990

BACKGROUND:

The Department of Health reports that traumatic brain injury or head injury "×××is a leading cause of premature death and lifelong disability in Washington State."  There are almost 5,000 new head injury patients hospitalized annually in Washington.  Almost half (45.4 percent) are under age 25.

Medical care for a single case of head injury can range from $7,677 for initial hospitalization to $162,000 for long term rehabilitation.  In fiscal year 1986, hospital care for head injury patients cost some $36 million with 42 percent of these costs coming from public programs.  Head injury patients account for more than one third of the patients receiving $47,000 or more in medical care annually through the state Medicaid program.

A December 1989 Department of Health report indicates that effective measures exist to prevent head injury including stiffer penalties for drunk driving, seat belt use, the use of helmets for motorcyclists and bicyclists, child car seats, education and other means.

SUMMARY:

It is unlawful for a person under 16 years of age to operate or ride a bicycle or to transport a person on a bicycle, on public roads or sidewalks unless they are wearing protective helmets approved by the State Patrol.

It is unlawful for the guardian of a person under the age of 16 to knowingly allow that person to operate or ride a bicycle on public roads or sidewalks unless the person is wearing an approved helmet.  The term "guardian" means a parent, legal guardian, temporary guardian including a babysitter, or any other person who maintains responsibility, whether voluntary or otherwise, for the safety and welfare of any person under the age of 16 years.

It is unlawful to sell or offer for sale a bicycle helmet which does not meet requirements established by the State Patrol.

It is unlawful for any person to rent a bicycle for use by someone under 16 years of age unless the person is in possession of an approved helmet, and the person renting the bicycle is reasonably satisfied that the person will use the helmet.  The person renting bicycles has an affirmative duty to inquire concerning the age of person who will use the rented bicycle.

The State Patrol must adopt rules to implement the act.

Appropriation:    none

Revenue:    none

Fiscal Note:      available