Michael Osborn: My name is Michael Osborn with ABATE of California. I'd like to . . . before I start, I know that you Senators have been working very hard on the gasoline situation. I'd like you to note that I rode my motorcycle here today from Ventura, California. About five hundred miles. It cost me twelve dollars.

We talked about figures. We're going to talk about statistics.

As Bill and Paul told you, one of the most telling statistics we're going to be dealing with here today is what's called the fatality rate. Let me reiterate, that is the rate of deaths after an accident has started to happen. As you know, those of you who drive that have air bags in your car, an air bag never kept someone from running into you. That only started to work after your accident had started to occur.

The death rate in California (passed some paperwork to the members of the committee) . . . What I'm giving you is a chart based on figures supplied by the California Highway Patrol. We are a volunteer organization, as we said before, and all our numbers and everything we're giving you comes from other people because we certainly can't afford to do this kind of work ourselves.

The death rate, since the beginning of the law . . . it went down radically the first year the law was enacted, and since then has gone up every year. This year it is one tenth of a point below what it was in 1991, pre-law, and several points above what it was in 1988 after the intervention of the California motorcycle safety program. This is the only statistic that you can consider when dealing with the effect of a piece of safety equipment. It's the only one that counts. This tells the entire story, and it is in here.

The California Highway Patrol used to supply . . . in this package I gave you, the last two pages, our press release from February of 1995 when the old administration of the Highway Patrol used to supply the deaths per accident rate. It's on the last page on the graph in the last column. Last year when we noticed that the rate was going up, they ceased using that number. And on the second page of that handout is a graph that they passed out Friday with their press release. You'll notice that the deaths per accident doesn't appear any longer.

The death rate is going up. We predict that it will continue to go up. We predict that next year it will be higher than pre-law. We think that this has to be taken into account when you make this decision. We think our reasoning is sound here.

The other statistic that we're going to be talking about today is the cost to the State of California.

Senator Russell: I saw this chart from the Highway Patrol just about a half-an-hour ago. They said 1995 was still 2.6. You have it as 2.7. Is there . . ..

Michael Osborn: Well, there's an interesting thing that happened there, Senator. What we've tried to do is keep all our number on the same level with the Highway Patrol's handouts. If you go up to the last page, they have rounded these things in such a way that in 1991 it was 2.78, they made it 2.8. 1992 was 2.38 they made it 2.4. 1993 was 2.41 they made it 2.4. We've been consistently rounding with their numbers. What happened is 1994 was 2.60 and 1995 is 2.66.

Senator Russell: Thank you.

Michael Osborn: The graph is correct.

The other cost we're going to be dealing with here today is the cost to the State of California. As we talked about, there is a basic cost to the revenue of the State by the reduced number of registered motorcycles. Since 1991 a 21 and one half percent drop in registrations. One hundred thirty eight, almost a hundred and thirty nine thousand. That translates into a direct revenue loss of about twelve million dollars worth of registration.

There's also the other auxiliary losses -- fuel tax, wages, employment and so forth. There is an organization called the Motorcycle Industry Counsel. It is an independent monitoring group that monitors the retail motorcycle economy. In the report at the end of the year 1995, they found that the value of the California retail motorcycle market place had fallen since 1991 a quarter of a billion, that's with a "b", dollars. That's over two hundred and fifty million dollars is the drop in the California retail motorcycle market place.

This is a state that at one time, as Paul said, had the biggest per capita population of motorcyclists in the country. Today someone riding in Indiana, a state that has one of the shortest riding seasons in the country, has no adult helmet law. A person in Indiana is more likely to own a motorcycle than a person in California that has a year round riding season, and some of the best country in the world.

I'd like to close and say that you will hear a lot of data today. We think that all of it is at best inconclusive. We think ours stands up. But if you have a doubt. If you think that you haven't been shown clear unequivocal data, I would say that you have to err on the side of the individual. If there is a mistake to made here today, it is on the side of individual rights and individual freedom.

The Senate has protected the choice of the citizens of California, and we ask for you to protect ours. We ask for an aye vote on 244. Thank you.

Senator Russell: I have read this document "The California Helmet Law Does Not Save Lives." It was sent to me by a constituent, but it does not attribute the statistics to any particular subject matter or source. The source . . .

Michael Osborn: Those all come from the Highway Patrol. Every number that we send out we get from other people. We get from the Highway Patrol, the Department of Motor Vehicles the OTS.

Senator Russell: (holding up documentation) You are familiar with this document?

Michael Osborn: Yes.

Senator Russell: And who produced it?

Michael Osborn: John? (referring to Palowata)

Paul Lax: It's possible someone sent you a portion of the document.

Michael Osborn: I have a complete one.

Senator Russell: That's the last page. Is that what you recog . . .

Senator Kelley: If you have a complete document, would you give it to the Sergeant and he will give it to Senator Russell.

Michael Osborn: Certainly.

Senator Russell: Thank you.

Senator Kelley: May we have the next witness please.

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