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Legislative Update Minnesota

Legislative Update March 2008
By Jeff Bradt, Minnesota Legislative Coordinator

Failure to Yield Bill (H.F.2878/ S.F. 3039). This bill is an important piece of legislation that will serve to protect everyone on the roads by increasing the penalties for careless driving that results in a fatality. SCVR and ABATE Minnesota have been actively supporting the bill. Unfortunately, our lobbyist has told us that the bill probably won’t get a committee hearing in the house this year because of the short session, the press of other business, and the indifference of the committee chair (Rep. Mullery). Without a hearing, the bill can’t be presented to the house for passage. The good news is that we are in an excellent position to get ‘er done next year. The bill currently has 13 house sponsors: Bigham; Garofalo; Morrow; Winkler; Benson; Dittrich; Brynaert; Kohls; Seifert; Heidgerken; Olin; Peterson; and Walker. In the Senate, the bill was referred to the judiciary committee on February 25th. It currently has three sponsors: Moua, Higgins and Betzold.

Biker Day at the capitol on February 27th. Hundreds of bikers converged on the capitol to remind legislators that we are paying attention to what happens there and that we remain opposed to mandatory helmet laws. SCVR was well represented. Legislators know who we are and many went out of their way to let us know of their support. As a first-timer to the event, I can tell you was easy to do and very worthwhile.

Office of Traffic Safety. SCVR member Ken Albrecht and I met with Cheri Martin, the Department of Safety’s Director of the Office of Traffic Safety. We thanked her for the Department of Public Safety’s willingness to partner with motorcycle rights organizations and to focus on our areas of agreement. She seemed genuinely interested in learning about the SCVR’s perspective on helmet law and made a point of stating that the Traffic Safety office has no intention in pursuing a mandatory helmet law.

HIPAA Technical Correction Bill. The U.S. Congress is considering a bill (H.R. 1076/S. 616) that aims at ending health care discrimination against individuals participating in legal transportation and recreational activities such as motorcycling, snowmobiling, skiing, horseback riding, and all-terrain vehicle riding. A current loophole in Department of Health and Human Services' insurance rule allows insurance companies to write policies that exclude coverage for people who are injured while participating in these activities. All SCVR members should contact their U.S. senators and representatives and ask that they support the bill. More information on the bill and a preformatted email to send to your congressional representatives can be found at HYPERLINK "http://www.amadirectlink.com/" www.amadirectlink.com .

AMA Legislative Training. I attended the legislative training conducted by the American Motorcycle Association from Feb 23rd in Washington, D.C.. Following the training, I met with legislative assistants for Senator Klobuchar, Senator Coleman and Representative McCollum regarding the HIPAA technical correction bill. Coleman is past sponsor of the bill and Klobuchar’s legislative assistant used to work for the senator who is the original author so they were both supportive of the bill. Unfortunately, Representative McCollum’s legislative assistant said Rep McCollum “doesn’t see it as her issue.” If you’re one of her constituents, she needs to hear from you on it (www.mccollum.house.gov).

Legislative Developments Elsewhere

Bike FRIENDLY Developments
Maryland has now joined Minnesota, Colorado and Michigan in the list of states that have failure to yield bills before their legislatures. Massachusetts and Michigan are both considering bills to repeal the helmet law. On February 26th, the Michigan bill was referred to the house transportation committee. Indiana is close to passing a bill repealing a $10 surcharge that was added to motorcycle registration fees (by not automobile registration fees) to create a brain and spinal cord injury trust fund.

Biker UNFRIENDLY Developments
U.S. Transportation Secretary Mary E. Peters proposed in February that Congress pass legislation that would allow states to use federal motorcycle safety funding to promote the use of motorcycle helmets. Currently, states are limited to using the funds for motorcycle safety training and awareness programs only. The City of Honolulu is considering an ordinance that would require all motorcycles to have stock mufflers. Florida is considering bills that would allow the state to seize the motorcycles and suspend the motorcycle endorsement (for 10 years) of any person convicted of going more than 50 mph over the speed limit. Florida is also considering a bill that would prohibit any under age 12 from riding as a passenger on a motorcycle or moped. Missouri is considering a bill that makes motorcycle stunt riding a class C misdemeanor (standing on the seat, frame, or handlebars of a motorcycle; performing handstands on the seat, frame, or handlebars of a motorcycle; operating a motorcycle on one tire; or removing both hands from the handlebars while operating the motorcycle). A South Carolina legislative task force is recommending expanding its helmet law for all persons under age 21 to also include all motorcyclists with provisional licenses who have not completed a motorcycle safety course. Nebraska narrowly (25-23) defeated a bill that would have repealed the mandatory helmet law in that state.

Last, but not least, the Ontario Human Rights Commission ruled in February that Baljinder Badesha, a devout Sikh, could not be ticketed for wearing a turban rather than a motorcycle helmet. So, if a mandatory helmet law ever passes in Minnesota, we may all have the option of wearing turbans instead!!

State Rep. Karla Bigham has introduced the house bill that would make increase the penalty for fatal accidents that are a result of careless driving. It increases the penalty to a gross misdemeanor stipulates that the court may not stay the driver’s license revocation. Full text below. If you get a chance, please thank Rep. Bigham for her sponsorship of this bill. All Minnesota riders should contact their state senators and representatives and ask for their support of this bill.
H.F.2878 Section 1. Minnesota Statutes 2006, section 169.13, is amended by adding a
subdivision to read:
Subd. 4. Careless driving resulting in death. (a) A person who drives, operates, or
halts anywhere in this state, carelessly or heedlessly in disregard of the rights or safety of
others, including the driver or passenger of the vehicle, which results in the death of any
person is guilty of a gross misdemeanor. (b) Notwithstanding section 609.035 or 609.04 or other law to the contrary, a prosecution for or a conviction, juvenile adjudication, or finding of a violation of this section is not a bar to a conviction, juvenile adjudication, finding of a violation, or punishment for any other crime, delinquent act, or juvenile petty offense as part of the
same conduct.(c) The court may not stay the execution of the driver's license revocation provisions of section 171.17, subdivision 1, paragraph (a), clause (9), or section 171.30, subdivision 2a, clause (4), resulting from a violation of paragraph (a).

State Rep. Karla Bigham is also sponsoring a Wheelage tax exemption bill HF 3030

ST. PAUL — Preliminary 2006 Minnesota traffic death figures reflect 67 fewer deaths than in 2005 — a 12 percent decrease. The 475 deaths — including five killed over the year’s final weekend — cap three consecutive years of fewer traffic fatalities since 2003 when there were 655 deaths. While noting the dramatic progress, Department of Public Safety officials deemed the nearly 500 deaths “preventable tragedies,” and called on all Minnesota motorists to commit to driving the state toward zero deaths.

The current 2006 death count is the lowest number of annual traffic deaths recorded in the state since 1945. The 2005 preliminary death total was 542 at this time last year; the final 2005 traffic death count was 559. The 2006 total reflects motorists (360), motorcyclists (64), pedestrians (38), bicyclists (8), ATV operators (2), snowmobilers (2), and motor scooter operator (1). The tally will rise as more reports are received from police departments and county sheriffs.

While pedestrian deaths decreased slightly and bicyclist fatalities increased, there were 64 motorcyclists’ deaths in 2006, six more than 2005, continuing a decade-long state and national upward trend. While motorcycles account for only 3 percent of registered vehicles in Minnesota, motorcyclists represented 13 percent of all traffic deaths in 2006.

Common themes from previous years are expected to surface in analysis of last year’s crash data according to Kathy Swanson, director of the Office of Traffic Safety (OTS). “Teens and young adults, especially males, are those most often killed in crashes,” says Swanson. “The most frequent factors in fatal crashes — the great majority of which occur in greater Minnesota — are speed, unbelted passengers, and impaired driving.”

The significant decrease in traffic deaths is attributed in part to the Toward Zero Deaths program which combines the resources of state and local agencies, county engineers and community organizations to address traffic safety issues through the “Four Es”: enforcement, engineering, education, and emergency trauma care.

While acknowledging that the reduction in traffic deaths was significant, Swanson warns against complacency. “Hundreds of families will lose members next year by sudden, violent means — and this should be intolerable to all Minnesotans. If we can help affect fewer than 500 deaths in 2006, this coming year we must aim for 400 or fewer.”

Several statewide enforcement efforts in 2006 yielded dramatic results. During HEAT (highway enforcement of aggressive traffic), law enforcement agencies stopped more than 88,000 vehicles and cited nearly 34,000 drivers for illegal speed. According to MnDOT data, there were fewer vehicles traveling more than 10 miles over the posted speed limit both in the metro and greater Minnesota. HEAT also yielded more than 45,000 speed warnings, as well as nearly 14,000 citations for non-speed related offenses.

Seat belt enforcement campaigns in May and October resulted in more than 19,000 seat belt citations. A three-week effort targeting impaired drivers in August resulted in 2,500 DWI arrests. The number of DWIs from a similar effort in December will be announced in January. NightCAP, a federally funded program targeting the state’s 13 deadliest counties for impaired driving fatalities, netted nearly 2,800 DWIs as well as 17,000 other traffic citations. OTS officials anticipate a record high of 40,000 DWI arrests in 2006.

Relative to vehicle occupants and their safety, Minnesota’s seat belt use rate dropped from a record-high of 84 percent to 83 percent in August 2006. Also troubling to safety officials was a significant drop of five percentage points in seat belt use rate from 79 percent to 75 percent among 16- to

29-year-olds, an age group disproportionately over-represented in traffic crashes and deaths.

Advertising campaigns, public service announcements, and other outreach to the public and motorists, including use of MnDOT’s changeable message signs, supported the enforcement efforts.

Preliminary crash reports for December indicate 32 people died and 94 were seriously injured. The deaths include 29 vehicle occupants and three pedestrians. Of the crash deaths, 13 were 15- to

29-years old. Deaths by county include: five in Hennepin; four in Crow Wing; three in Chisago; two in Anoka, Faribault, Kandiyohi and Winona; and one death each in Carlton, Dakota, Itasca, Lake, Mille Lacs, Pipestone, Polk, Ramsey, St. Louis, Steele, Stevens and Washington. Of vehicle occupants killed, 13 were not belted. Of the vehicle occupants seriously injured, 30 were not belted. Alcohol is a known factor in 29 serious injuries; alcohol use in fatal crashes is unknown at this time.

The following references have been included for your convenience in obtaining information, or making your opinions known to your representatives.

Stay informed online at http://www.leg.state.mn.us. This will give you lot’s of general information concerning the schedule, tracking bills , finding your legislative district and representatives, and the details of the legislative process.

Senate information---651-296-0504. House public information office 651-296-2146 , or 800--657-3550 for meeting schedules and publications. Recorded meeting times and daily agendas for committees call House- 651-296-9283, and Senate 651-296-8088.