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LINCOLN, Neb. (AP) — Nebraska lawmakers revved up a new debate Thursday over the state's motorcycle helmet law with a fresh crop of senators who came into office due to term limits.
Senators who want to abolish the 1989 law said it infringes on a personal freedom, while its defenders argued it saves lives and helps contain Medicaid and insurance costs that would increase with more traumatic brain injuries.
Motorcyclist groups have tried for more than two decades to repeal the law without success, but came close in recent years with turnover in the Legislature.
In 2010, supporters of the repeal effort secured a 27-vote majority to force an end to a legislative filibuster, but failed to muster the 33 required. Last year, the came up eight votes short. This year ushered in 18 new senators, accounting for more than one-third of the Legislature.
The repeal measure before lawmakers this year would lift Nebraska's restriction on motorcycle helmets for riders who are at least 21 years old. Operators would still have to wear eye protection.
Sen. Dave Bloomfield of Hoskins said he introduced the measure as a matter of personal freedom. Bloomfield — who rode a dirt bike with a helmet around his farm in the 1970s — picked the measure as his priority bill. Nebraska had more than 97,000 licensed motorcycle operators last year.
The measure "reflects my strong belief that free Americans and free Nebraskans — adults — should be able to make decisions that affect their lives and do not interfere with the rights of others," Bloomfield said.
Sen. Kathy Campbell of Lincoln pointed to medical experts who testified at an earlier hearing that treatment for lifelong brain injuries costs an average of $4.4 million.
"A large chunk of that cost falls onto society," Campbell said. "This is a societal issue. This is an issue that we as the Legislature need to take very seriously."
Sen. Robert Hilkemann, a podiatrist from Omaha, said he opposed the bill because of overwhelming medical research that shows helmet laws save lives. Hilkemann pointed to states like Florida, which have seen an uptick in injuries after repealing their helmet laws.
"There's been more injuries, there's been more death, there's been more pain and suffering," he said.
Supporters of repealing the helmet requirement argue that the state is losing tax revenue and tourism to states such as Iowa, Kansas and South Dakota, because riders often bypass the state. Among Nebraska's border states, only Missouri requires riders to wear helmets. Nebraska motorcyclists testified in a hearing last month that the state provides the most direct route to the world's largest motorcycle rally in Sturgis, South Dakota, but thousands of riders avoid Nebraska because of its helmet law. With an estimated 700,000 riders expected this year, they argued that Nebraska is losing millions in gas station and lodging business.
"It's economic development, it's tourism, and it's what Nebraska needs," said Sen. Tyson Larson, of O'Neill.
Sen. Mike Groene of North Platte chastised lawmakers for engaging in a "nanny state debate" with another law intended to protect people.
"When do we stop mandating to our neighbors what we think is best?" he said.
Medical and traffic-safety groups remain opposed to the bill, arguing that Nebraska already lacks services for residents with brain injuries, and eliminating the helmet requirement would only worsen the problem.
Half of all motorcyclists do not carry health insurance, and many who are severely injured end up in state-fund care programs, according to the Brain Injury Association of Nebraska.
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The bill is LB31
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