Motorcycle helmet repeal bill dies

OFF THE WIRE
By JORDAN BLUM
Advocate Capitol News Bureau
An effort to repeal Louisiana’s motorcycle helmet requirement essentially died Wednesday after facing overwhelming opposition in a state Senate committee.

The Gov. Bobby Jindal-backed repeal skidded to a halt when not a single member of the state Senate Health and Welfare Committee offered to move favorably on the legislation.

“If nobody wants to do anything, we’ll defer the bill,” said committee chairwoman Sen. Willie Mount, D-Lake Charles.

After the meeting, Mount said she considers the issue “dead,” even though it could be heard again by the committee.

Jindal has argued in favor of the helmet repeal, calling it a freedom of choice issue. His executive counsel, Jimmy Faircloth, represented him in committee.

Faircloth admitted the bill “doesn’t stand a chance” when argued on health issues.

“On the basis of personal choice, the Governor’s Office fully supports this,” Faircloth said.

State Sen. David Heitmeier, D-New Orleans, pointed out that Faircloth was in the Health and Welfare Committee to deal with safety issues.

“I just want to kind of help you with what committee you’re in,” Heitmeier told Faircloth.

Current law requires motorcycle operators and riders to wear approved helmets or they would face fines.

House Bill 639, which is sponsored by state Rep. Jim Morris, R-Oil City, would make helmets optional for those age 21 and older.

Last year, the same Senate committee voted to shelve a similar measure with little discussion and without any objections from panel members.

Senate President Joel Chaisson II, D-Destrehan, who was one of the sponsors of the current helmet law, did not participate in Wednesday’s committee meeting. However, he assigned the bill to the Senate panel and has said he adamantly opposes HB639.

HB639 had previously passed the House on a 64-33 vote.

Morris, who rides a Harley-Davidson, made the case that motorcycle helmets can be dangerous when worn improperly and they do not protect from spinal injuries.

Morris said helmets also reduce hearing and peripheral vision.

Jim Champagne, former executive director of the Louisiana Highway Safety Commission, called Morris’ bill an “abomination.”

“It is an assault on common sense,” Champagne said, arguing that motorcycle fatalities increased 100 percent the last time Louisiana repealed the law.

Twenty states have similar motorcycle helmet requirements to Louisiana.

State Sen. Dale Erdey, R-Livingston, said his helmet may have saved his life more than 30 years ago in a motorcycle accident.

“I distinctly remember in a crash my head hitting the ground,” Erdey said.

Faircloth likened the helmet repeal to the state not requiring lifejackets while boating.

When asked why wearing seat belts in cars is mandatory, Faircloth said many people do not “fully understand the risk” of not wearing seat belts. But they understand the risks on motorcycles, he said.

“The way I’ve seen them drive, I don’t think they understand that,” said state Sen. Cheryl Gray Evans, D-New Orleans.

As for Faircloth’s seat belt comparison, “You can’t with a straight face make that argument because it quite simply is not a very good one,” said state Sen. Rob Marionneaux, D-Grosse Tete.

At the end of the debate, Morris said, “I feel like a criminal being up here today.”