Here is my preliminary lobbyist report on the helmet repeal effort.
By Charles C. Umbenhauer
In the next few days I will issue a complete wrap up of the 1999-2000 legislative session. I had planned on waiting until I had all the facts before issuing any statement relating to the recent attempt to repeal our longstanding motorcycle helmet law. However, as could have been expected, emails are flying and some incorrect information is being circulated. I offer the following that will hopefully put a proper spin on the closing days of the legislative session.
At the November 18th state board meeting in Milesburg, I reported that I felt we still had a majority in the House to pass the repeal bill. I also stated that I did not feel we had the votes in the Senate. The Senate vote was complicated by the fact that Senator Joe Loeper, a longtime supporter of A.B.A.T.E. and our helmet repeal effort, had pleaded guilty to federal charges and stepped down from his position as Majority Leader of the Senate and also as chairman of the Senate Rules Committee. Replacing him was Senator Chip Brightbill. Brightbill previously had been a co-sponsor of our helmet repeal bills but in 1999 voted against the measure. We also lost the support of Senator Rhoades in the 1999 vote.
In addition, we had to realize that we lost the support of Senator Slocum, another yea vote, who had left the Senate earlier this session after pleading guilty to some federal charges. Therefore, even had we gotten a Senate vote, the outcome was clear. The votes just weren’t there.
When Charles Flack assumed the position of state legislative coordinator earlier this year, he stated that the plan was to work on campaigns of legislators running for state office. We were going to target some seats that we felt were vulnerable. To the best of my knowledge, little work, if any, was accomplished on this issue. I am not laying blame on any individual for this shortcoming. But it is a fact that in the end little was done to influence any Senator to change his position on helmet repeal during the session. Therefore, the outcome was predictable. Charles has resigned and we are now operating without the services of a state legislative coordinator or an assistant and no one accepted nomination to run for the 2001-2002 term.
Mean while back at the state capitol, we had a decision to make concerning the helmet repeal bill. We could do nothing and simply wait for the new session or we could run the bill in the lame duck session and at least determine if there had been any erosion of support for the repeal effort in the House. From the beginning I saw no chance of this bill passing the Senate but, again, felt it was worth taking a chance as opposed to doing nothing.
In the House out of 197 legislators casting a vote on the helmet repeal amendment, 131 strong voted YEA. Only 66 cast a negative vote. This in itself is a tremendous victory for A.B.A.T.E. of PA.
Another significant event that took place during the vote has simply been overlooked in all the email I have been reading.
There were two amendments proposed by Representative Ralph Kaiser (D-Allegheny). The first stated "the owner of the motorcycle submits proof satisfactory to the Department that he or she has liability insurance coverage covering the motorcycle, providing a medical benefit in the amount of $1,000,000." The second amendment to be offered, had the first failed, would have called for a medical benefit in the amount of $500,000. When the Representative saw the overwhelming support for the helmet repeal, 131-YEA – 66 NAY, he knew there would be little support for his proposed amendments and therefore withdrew them. Another major victory for A.B.A.T.E. of PA.
There were two amendments that did pass that were unacceptable to the Governors staff and we were aware of one of them. These amendments kept the bill from coming out of the Rules Committee. Had they not been on the bill, and this is strictly speculation on my part, I don’t believe that Senator Brightbill would have allowed our bill to be voted anyway. With him it is not an issue of insurance but I believe he feels he is saving lives by not repealing the helmet law.
The first amendment that was unacceptable was offered by Rep. Melio (D-Bucks). His amendment had to do with limiting the fees at emission inspection stations and the other amendment was offered by Rep. Wilt (R-Mercer) that dealt with ATV issues. I agree with many others that feel it is time to have a new plan and take a different direction to accomplish helmet repeal in Pennsylvania. We must be careful not to do anything to destroy the support we already have in place.
May 21st is the tentative date for a helmet protest at the state capitol. We can do a protest with positive results, providing we don’t do anything stupid. The wheels are already in motion.
In the meantime, we have to train and motivate our members at large. We can do this. Our Leadership and Legislative Seminar in January is a good starting point. If every chapter sends a contingent we will have laid the groundwork for the upcoming legislative session.
As I stated this is a preliminary statement regarding the recent helmet repeal vote. I will be issuing a complete legislative wrap up sometime next week.
Many positive things did take place in the last few weeks.
Penn DOT has issued collectible license plates for motorcycles.
A.B.A.T.E. motorcycle parking legislation passed the legislature and will be signed by the Governor as part of the Omnibus Transportation Bill.
PennsylvaniaTurnpike Commission has agreed to incorporate a complete review of the motorcycle class designation, which could result in fare reductions for turnpike users.
Penn DOT has agreed to meet with representatives of A.B.A.T.E. and the Governors office to address issues of concerns to us, including the no list/no law proposal.
Stay tuned.