Parents who want their children to wear helmets while riding a bike may soon be able to say, “It’s the law!” under a measure pending before the state House of Representatives. The mandate would apply not only to bikes but also to scooters, skateboards and even in-line skates–and it would cover minors all the way up to 18 years old.

Not wearing a helmet would be a crime without a real punishment, however, with violators issued only a warning.

“We’re trying to do things a little bit differently.  We’re saying ‘It’s the law. You have to have a helmet if you’re a minor, but we’re not going to punish you,’ ” said the bill’s sponsor, Rep. John Kefalas, D-Fort Collins.

House Bill 1147 would authorize law enforcement to issue an “informational” traffic citation–a card containing safety information about wearing a helmet, not an actual ticket–to any child over 2 years old who is on a public roadway or public place and who is not wearing a helmet.   The purpose of the bill is to promote helmet usage and to foster a better relationship between young people and the local police, said Kefalas.

The measure, which could be debated on the House floor as early as Monday, has raised eyebrows across the aisle.

Republican Rep. Frank McNulty, R-Highlands Ranch, who jousted with the measure’s sponsors when the bill was in committee, said he doesn’t buy Kefalas’ premise that the measure is needed for kids or parents.

“This is pure nannyism—the government stepping in, in the role of parent,” McNulty said.

“The officer will approach the parent, hand them a pamphlet on the safety of their children, creating an adversarial type relationship, and that’s not the kind of law that we should be passing,” said McNulty.

Kefalas said the measure is good public policy as evidenced by data from New Mexico. There, he said, when mandatory helmet laws were put in place, usage rose by about 18 percent.

McNulty, who agrees that wearing a helmet is a good for safety, said it ought to be mandated by parents, not the state. He said without enforcement provisions, the measure will fall flat in reaching its intended goal.

“We’re creating a law, the violation of which bears no consequence,” McNulty said. “It is not a good use of an officer’s time and resources and sets the wrong example for kids, telling them that if you break the law, there are no consequences.”

Kefalas said his bill has the right balance of the force of law and an outcome that serves Colorado citizens well.

“It’s kind of like restorative justice.  A violation has occurred but we don’t want to punish—we want them to learn about safety,” said Kefalas.