TMRA2 Legislative Update

Texas has finally started their Resolution and it kicked off with 30 of the 150 House members signed on.There are members of both Parties.

81R5789 MMS-FBy: Creighton H.C.R. No. 50
CONCURRENT RESOLUTION

WHEREAS, The Tenth Amendment to the Constitution of the United States reads as follows: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”; and
WHEREAS, The Tenth Amendment defines the total scope of federal power as being that specifically granted by the Constitution of the United States and no more; and
WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and
WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and
WHEREAS, Many federal laws are directly in violation of the Tenth Amendment to the Constitution of the United States; and
WHEREAS, The Tenth Amendment assures that we, the people of the United States of America and each sovereign state in the Union of States, now have, and have always had, rights the federal government may not usurp; and
WHEREAS, Section 4, Article IV, of the Constitution says, “The United States shall guarantee to every State in this Union a Republican Form of Government,” and the Ninth Amendment states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people”; and
WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that congress may not simply commandeer the legislative and regulatory processes of the states; and
WHEREAS, A number of proposals from previous administrations and some now pending from the present administration and from congress may further violate the Constitution of the United States; now, therefore, be it

RESOLVED, That the 81st Legislature of the State of Texas hereby claim sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and, be it further
RESOLVED, That this serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers; and, be it further
RESOLVED, That all compulsory federal legislation that directs states to comply under threat of civil or criminal penalties or sanctions or that requires states to pass legislation or lose federal funding be prohibited or repealed; and, be it further
RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.

We have passed out letters to all members of the House Appropriations Committee and the Senate Finance Committee requesting that our Rider Training Fund be rededicated and used only for Motorcycle Rider Training. We have also requested that our Budget be increased to $ 2,400,000 for the next Biennium.
Paul Landers and I met again with those folks wanting to increase the insurance clause and require mandatory Rider Training to ride without a helmet. Angelica pointed out they did not want a repeat of last year when they introduced the Bill. We are very much aware of that but the first meeting produced no positive results. We had sent an Email to Angelica giving a list of items we would have to see invoked as well as things we simply would not accept on this round. There appeared to be a more positive attempt at reaching a consensus this time around so we began from scratch.
After everyone tossed ideas on the table the DPS Officer said point blank “what we have does not work” “We need to eliminate the helmet law, just say anyone 21 years of age or older may ride without a helmet.” That would be the language we passed in the House in 2001 but got stripped in theSenate. Basically an officer could still stop you to verify your helmet meets Federal Specifications but they could not stop you just for not wearing a helmet. In another section of the Bill it would state if youwere stopped for a traffic violation and was not wearing a helmet then you would have to show proof of insurance and the Rider Training Certificate.
We disagreed with both being required and finally settled on just a PIP Policy with no agreed on amount as of yet. They will check to see just what is available as a stand alone PIP and the cost of different amounts.
Of course if you have Hospitalization Insurance, Medicare, Medicaid or VACard then an officer would have to accept that as being sufficient. The Rider Training Card would not even be involved at all.
It was also agreed that our effort to have our Rider Training Fund rededicated for our use only was a worthy goal. Everyone present agreed to work with us, possibly even to the point of including it as a part of this Bill that this would happen.
Our other issue we had sent to Angelica prior to the meeting was Failure to Yield. We agreed that officers and judges had the authority to punish those who through careless driving injure or kill an innocent party but it very seldom happens. Angelica said we could make that a part of this Bill.
Paul and I agreed that would be a good way to maybe make this a Bill we really could live with. We stated if a persons negligent driving resulted in an injury to an innocent party we wanted a minimum $500 fine. If death was the result then the minimum fine should be $1000 and a six month license suspension. Angelica says she will do a simple draft and we will meet again to see how it resonates with all parties involved. It was very enjoyable to work with Paul. I feel certain that if there is any way to work out an acceptable Bill then Paul and I can find it.

Sputnik

Run, run as fast as you can and you still won’t keep up. We have been expending what time I’ve had available from my bouts with doctors since Legislative Day working to get our Rider Training Fund back from the General Fund. The way it is now the DPS gets 25% off the top of our budget each year. This costs us over $200,000 per year.
This year they are proposing to cut our Budget by $200,000 and by the time DPS takes their cut off the top it will only leave us a little over $540,000 which won’t come close to meeting our needs. We really need about $1,200,000 to cover our anticipated cost to operate properly. The House still hasn’t even appointed Committee Members yet so we have about another week to work exclusively on this issue.

We met with Senator Carona’s group today to discuss his plans for a helmet law to be introduced again this session. It was the same group from last session but with Paul representing the COC and the Defenders, Casey Bolt said he was representing himself and Doc was there. Jerry Rose and I were representing TMRA 2. Introductions took place and then we got down to it.
Basically they still wanted the $150,000 insurance and asked what we wanted from the meeting. We of course said we wanted our money back out of the general Fund and have it rededicated and come up with a comprehensive Motorist Awareness Program. We bounced ideas back and forth and Mr. Polunsky, Senator Carona’s Chief of Staff said they knew something should be done about our training fund and they would work with us to get it back. A man asked if we could get that back would we accept the $150,000 insurance. I said no. If you put $150,000 insurance requirement on everyone who travels by private vehicle then maybe we could accept that. Otherwise if you put it on just motorcyclists then we will sue.

I believe the final version of any Bill will deal primarily with a Motorist Awareness Program with possibly some other items to cut down on the number of collisions in the state especially where vulnerable vehicles or pedestrians are concerned. We will be meeting again soon. We will draft a letter to each member of the Senate Finance Committee concerning our Rider Training Fund within the next 3-4 days.

We have asked Representative Norma “Da Lady” Chavez to track down the exact break down of our proposed Budget for the coming Biennium. We know there is in excess of $9,000,000 still left in the Fund. We shall be working primarily with Senator Hinojosa on that side of the building to reach a solution to this problem.

We have a MC Safety Seminar coming up tomorrow in Austin at the Moose Lodge on E.M.Franklin. After attending that function I will head back to Houston for an appointment with another Dr. and then I don’t have another appointment until March 3rd. Hopefully they will get the House Committee members named before this week is over and I can get to work with them on the Training Fund.

Our District Advisor Meeting will be held at the State Office, Saturday Feb. 21st. We will be meeting at the house directly behind the office on the same piece of property.

Sputnik
State Chair TMRA 2

MRF E-MAIL NEWS Motorcycle Riders Foundation
236 Massachusetts Ave. NE
Suite 510
Washington, DC 20002-4980
202-546-0983 (voice)
202-546-0986 (fax)
http://www.mrf.org (website)

For Immediate Release
09 February 2009
Contact: Jeff Hennie, Vice President of Government Affairs, MRF
Email: jeff@mrf.org

New York City Noise Law Update

As previously reported by the Motorcycle Riders Foundation, the New York City (NYC) Council is considering a new motorcycle-specific noise law.
Several iterations of the proposed law (previously referred to as Introduction 416-A) have been floated by the primary proponent, council member Alan Gerson. The motorcyclists of NYC, however, have voiced strong opposition to these proposals.
As of now, Introduction 416-A is not any more agreeable, but some conditions have been compromised. The original form of the bill called for the ticketing and towing of any motorcycle “parked, stopped, or standing on the streets of NYC not displaying an EPA-approved label on the exhaust system”. After the motorcycle activists of NYC contacted Councilmember Gerson, the bill was pulled and a redraft is now underway.
This new version of 416-A removes the immediate towing upon first infraction, but leaves in the $500.00 – $1000.00 fines. The second infraction would carry a $1500.00 fine and possible confiscation (the legislation is unclear here), and the third infraction would call for a $2500.00 fine and confiscation of the motorcycle.
Nancy Ortiz, a community motorcycle activist and constituent of Councilmember Gerson, had this to say about the current proposals, “This proposed legislation is egregious and out-of-step with current state law.
The fines are above what are currently in place for all four-wheeled vehicles.” She went on to add “We would like to see something along the lines of the California law that gives vehicle owners a grace period to bring the vehicle into compliance before the fine is issued.”
Nancy Ortiz is the founder of a motorcycle ride that benefits Sudden Infant Death Syndrome (SIDS). More info can be found at www.myspace.com/run4aiden.
Currently, the NYC motorcyclists are organizing meetings with NYC and NY state legislative leadership, in which they have invited ABATE of NY and the MRF to participate. At this point, the legislation is tentatively slated to be heard on February 25, 2009.
A meeting with the state senate majority leader and house majority leader is also in the planning stages. This meeting will be attended by MRF, AMA, ABATE of NY, and many NYC motorcycle activists. The meeting is to address motorcycling issues affecting Empire State motorcyclists such as (but not limited to) rider education funding, the roadside “safety” inspections of motorcyclists, and the use of HOV lanes by motorcyclists.

==========================================================
Do not reply to this email, it will be discarded.
==========================================================

To subscribe or unsubscribe from this mailing list, visit
http://www.mrf.org/subscribe.php
Ride With The LeadersTM by joining the MRF at http://www.mrf.org/join.php
or call 1-202-546-0983
Registration is easy and secure for MRF Regional and Meeting of the Minds conferences. Visit our website at http://www.mrf.org/events.php for further details and registration information.
Send in your nominations and donations for the MRF’s Young Activist Scholarship fund today. For complete details, visit
http://www.mrf.org/yascholarship.php.
Sign up today for the MRF’s new roadside assistance program by visiting
http://www.mrf.org/mrfroadside.php The program is available to MRF members and non-MRF members.
(c)All Information contained in this release is copyrighted. Reproduction permitted with attribution. The Motorcycle Riders Foundation, incorporated in 1987, is a membership-based, national motorcyclists’ rights organization headquartered in Washington, DC. The first motorcyclists’ rights organization to establish a full-time presence in Washington, DC, the Motorcycle Riders Foundation is the only Washington voice devoted exclusively to the street rider. The MRF established MRFPAC in the early 1990s to advocate the election of candidates who would champion the cause of rider safety and rider freedom.
The MRF proudly claims state motorcyclists’ rights organizations and the very founders of the American riders’ rights movement among its leading members. The MRF is involved in federal and state legislation and regulations, motorcycling safety education, training, and public awareness. The MRF provides members and state motorcyclists’ rights organizations with direction and information, and sponsors annual regional and national educational seminars for motorcyclists rights activists, as well as publishing a bi-monthly newsletter, THE MRF REPORTS.

_______________________________________________
mrfnews mailing list
mrfnews@mrf.org
http://mrf.org/mailman/listinfo/mrfnews_mrf.org
=================================================
You may unsubscribe from this mailing
list at any time by clicking here:
http://mrf.org/mailman/listinfo/mrfnews_mrf.org
Scroll to the bottom of the page and
enter your email address.
Ride Safe. Ride Free. Ride Today.
=================================================

TMRA 2
Sputnik
State Chair

TMRA2 is apposed to this bill.
Immediate action is needed.
Attached is an exampleletter that needs to be sent to both Kay Bailey Hutchinson and John Cornyn.

Sample letter for US Senator Kay Bailey Hutchison and John Cornyn

Honorable Kay Bailey Hutchison
Texas US Senator Senator;

I have read S.132 Gang Abatement and Prevention Act of 2009 by Senator Dianne Feinstein. At first glance this seems like a good Bill aimed at increasing punishment for unlawful acts perpetrated by street gangs. It seems to cover ever act one could conceive except spitting on the street. It also sets it up to where law enforcement could take everything a person owns based on conjecture.

The big problem with the whole idea of gang punishment is the loosely worded definition of gang. Here in Texas we are seeing cases where possessions are taken from people and not returned despite that individual never being found guilty of a crime. By definition a person can be considered to be a gang member if they associate with criminals, are members of a group where three individuals have been found guilty of a crime or visit an incarcerated individual not a member of their immediate family.

They can be gang members based on say so from another individual without proof. Without question this type Bill is aimed at Bikers as we have just seen. Of course with all the news coming out of DC recently it could include the Us Congress and Senate as well as many law enforcement agencys but we know it won’t be carried that far.
We would appreciate seeing that our Senators from Texas do not jump on the band wagon but vote against S.132 should it come to the Floor for a vote of the full Senate.
Thanks for taking time to read this letter.

Respectfully,
Sputnik
State Chair
Texas Motorcycle Rights Association