Legislative

Legislative Report
By Dave Dwyer 

Washington D. C. -- We have completed our spring lobby trip to Washington D. C., also known as the Motorcycle Riders Foundation's Bikers Inside the Beltway, a National Motorcyclists' Lobby Day. In the two days we spent lobbying, we were in the offices of all ten of the members of the Wisconsin Congressional Delegation, eight House of Representative and two Senate offices. Our group was able to meet with all ten members, and we were given the time to personally explain our issues to eight of them. For the other two, Committee business and floor votes prevented them from spending more time with us, but their Legislative Assistants were very cooperative, talking about our issues and taking notes to be able to explain our issues to their bosses. Members of 17 other State Motorcyclist Rights Organizations were also busy that week working with their members of Congress on the same issues as us, which include the following bills and concerns.

HR 1861 -- Rep. Sensenbrenner has introduced HR 1861 to prevent the Federal Department of Transportation (DOT) from issuing grants for motorcycle only check points. So far Reps. Ryan Duffy and Ribble have signed on as co-sponsors along with ten co-sponsors from other states. Currently vehicle check points for private vehicles are not legal in Wisconsin. Only Commercial motor vehicles can be subjected to inspections without a suspicion of a traffic law violation. This bill would also remove the requirement of states to have helmet laws to receive DOT grants.

HR 875 -- Rep. Sensenbrenner has also introduced HR 875 to require the Environmental Protection Agency (EPA) to withdraw the authority to sell mid-level ethanol blends (those with a concentration of greater than 10% and less than 20% ethanol) until a comprehensive study has been performed by the National Academy of Sciences on the implications of the use of that fuel. The study must include the short and long term environmental, safety, durability, and performance effects of the fuel blend on on-road, non-road and marine engines and on-road and non-road vehicles' related equipment. Of the 13 co-sponsors the only other Wisconsin Legislator is Rep. Petri.

By supporting this bill, ABATE of Wisconsin is joining with the Motorcycle Riders Foundation, asking for a thorough evaluation of the possible implications of the introduction of this blend, mostly in the concentration of 15% ethanol, commonly known as E-15 into the marketplace. We are not taking a position opposing or endorsing the addition of ethanol to gasoline.

S 344 -- This Senate bill would ban the sale of gasoline with a concentration of greater than 10% of ethanol, effectively removing E-15 from the market without calling for any further studies to be done on the effects of E-15. This bill only has four co-sponsors, and we have not asked either of our Wisconsin Senators to sign on. If this bill would be changed to ask for further studies of E-15, we could then back this bill, but with its current language we will not be asking them for their support. In either case I would not expect to see either of them sign on -- Sen. Johnson because of his free market beliefs and Sen. Baldwin because of her concern for the environment. I can understand and respect both opinions.

CDC and GAO -- We had productive discussions in all of our office visits about the Center for Disease Control (CDC) and the Government Accountability Office (GAO) getting involved in the on-going push from the federal government for the states to enact mandatory helmet laws. Our elected officials agreed that Motorcycling should not be classified as a "preventable or curable disease," though there were mixed feelings about their being involved that ranged from the perception that maybe that is part of their job to the need to stop the "mission creep" of federal agencies to prevent them, in the words of one member of congress, "from crawling in like worms where they're not wanted and don't belong."

HIPAA -- I know that after 13 years it is getting old, hearing about the effects of the Health Insurance Portability and Accountability Act (HIPAA). Without being able to bring actual harm to motorcyclists to the table, we are not having much luck getting congress to take any action. There is at least one company doing business in Wisconsin that tells its employees that, if they are injured in a motorcycle crash, they will not be covered under their health insurance if they are not wearing a helmet. This is actually a success story because these employees are being told up front what the exclusions are to their employer-provided coverage. We would like congress to take appropriate action to make sure that the rest of the country's motorcyclists have the same opportunity to make an informed choice in employer-provided health care plans and have the opportunity to take the necessary steps to make sure they have adequate protection in place in case of need.

One of our biggest concerns now is how the Affordable Care Act, also known as "Obama Care," may impact how we ride -- or if we ride at all. I have seen reports that indicate some employers are not hiring now because of the unknowns to other reports that some major employers may be dropping their health care plans entirely and forcing their employers to purchase their own federally required health care and just paying the fine because that would be much less expensive for their corporate bottom line. The unknown for us is what will be covered and what will be excluded. Will motorcycling be considered a risky activity and be excluded from coverage unless we are wearing armored riding suits with full face helmets? Nobody seems to know right now.

Madison -- WMSP -- Discussions continue in Madison with members of the Legislature on the status and funding of the Wisconsin Motorcycle Safety Program (WMSP). Reviewing the budget for the program shows money being spent for such items as "support and communicate" with no explanation of what these lines mean. We are also getting conflicting stories from Department of Transportation (DOT) employees about the future of the program of their "Transportable High End Rider Education Facility" (THE REF) and if they are looking to have a second one built or if they are only looking to purchase a trailer to haul their training trikes to different locations for rider training use.

Our request for $100 thousand for awareness billboards is now being shuttled off to Department of Tourism for billboards for the Harley-Davidson 110th birthday party. The DOT is still issuing a flat out refusal to use the digital messaging boards along the freeway system for Motorcycle Awareness messages even though many other states are displaying these messages. The DOT argument that over-using these signs will dilute the message and keep motorists from paying attention to them is contradicted by the businesses that make a good profit selling space on their billboards. We need to keep up the pressure on our State Legislators to push the DOT into using the available low cost tools at their disposal to promote Motorcycle Awareness among the driving public.


Dwyer, Dave. "Legislative Report." ABATE of Wisconsin Newsletter Jun. 2013.

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