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Introduced Version House Bill 2252 History

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hb2252 intr
H. B. 2252


(By Delegate Iaquinta)
[Introduced February 11, 2005; referred to the
Committee on the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-11B-1, §17C-11B-2, §17C-11B-3, §17C-11B-4, §17C-11B-5 and §17C-11B-6, all relating to requiring the use of helmets by skateboarders.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §17C-11B-1, §17C-11B-2, §17C-11B-3, §17C-11B-4, §17C-11B-5 and §17C-11B-6
, all to read as follows:
ARTICLE 11B. SKATEBOARD SAFETY ACT.
§17C-11B-1. Short title.
This article shall be known and may be cited as the "Skateboard Safety Act."
§17C-11B-2. Legislative findings and purpose.
(a) The Legislature hereby finds and declares that:
(1) Disability and death of children resulting from injuries sustained in skateboarding accidents are a serious threat to the public health, welfare and safety of the people of this state, and the prevention of the disability and death associated with skateboarding is a goal of the people of this state.
(2) Head injuries from skateboarding accidents are, for the most part, preventable by simply requiring skateboarders to wear protective helmets.
(3) By reducing the prospects of head injuries from skateboarding accidents the state can expect to experience a commensurate reduction in the cost for medical and rehabilitative services that would otherwise be required to address those injuries.
(b) The purpose of this article is to reduce the incidence of disability and death that may result from injuries incurred in skateboarding accidents by requiring that while using skateboards on public roads, public skateboard paths and other public rights-of-way of this state, all skateboarders wear approved protective skateboard helmets.
§17C-11B-3. Definitions.
As used in this article:
(a) "Skateboard" means a short board mounted on small wheels that is used for coasting and often for performing athletic stunts.
(b) "Public roadway" means a right-of-way under the jurisdiction and control of this state or a local political subdivision thereof for use primarily by motor vehicles.
(c) "Public skateboard path" means a right-of-way under the jurisdiction and control of this state or a local political subdivision thereof for use by skateboarders and pedestrians.
(d) "Other public right-of-way" means any right-of-way other than a public roadway or public skateboard path that is under the jurisdiction and control of this state or a local political subdivision thereof and is designed for use and used by vehicular or pedestrian traffic.
(e) "Protective helmet" means a piece of headgear which meets or exceeds the impact standards for protective helmets set by the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear or American Society for Testing and Materials for use in skateboarding.
§17C-11B-4. Requirements for helmet use.
(a) It is unlawful for any person to skateboard on a public roadway, public skateboard path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective helmet of good fit, fastened securely upon the head with the straps of the helmet.
(b) It is unlawful for any parent or legal guardian of a person under sixteen years of age to knowingly permit such person to skateboard on a public roadway, public skateboard path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective helmet of good fit, fastened securely upon the head with the straps of the helmet.
§17C-11B-5. Sale of skateboard helmets.
Any helmet sold or offered for sale for use by skateboarders shall be conspicuously labeled in accordance with the standard described in subsection (e), section three of this article, which constitutes the manufacturer's certification that the helmet conforms to the applicable safety standards.
§17C-11B-6. Penalties.
(a) Any parent or legal guardian violating any requirement set forth in section four of this article shall be fined twenty-five dollars.
(b) Any person eighteen years or older who, while skateboarding, violates any requirement set forth in section four of this article, shall be fined twenty-five dollars.



NOTE: The purpose of this article is to require the use of helmets on skateboards.

This article is new; therefore, strike-throughs and underscoring have been omitted.

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