Legislative Update

Tuesday, October 21, 2008

Pay Attention 

If you are voting a straight ticket for either Party be sure to check out your Ballot before dropping it in the box.

We just received a call that a man in Grayson County voted straight ticket Democrat but when he checked his Ballot it had Democrats all down ticket but John McCain marked at the top. They voided the Ballot and he voted again on the same machine and it worked correctly.

They took the messed up Ballot to the Court House but did nothing to check out or correct the machine. Another reason to go back to Paper Ballots already popping up in the first day of early voting.

Sputnik

posted by Elmer  # 9:13 PM

Legislative Day 

We have blocked rooms for Legislative Day at the Red Roof Inn, 8210 N I-35 in Austin. That is next door to the one we have been using. Each room has Double Queen size beds at a cost of $ 44.95 + tax. To get this rate you must book your room by December 25th.

To reserve your room(s) call 1-800-733-7663. Tell them "I'm with Texas Motorcycle Rights Association. We have rooms blocked at Austin North and I want (give the number of rooms) of them. Be sure to specify Smoking or Non-smoking.

We will get the rest of the information out on a Flyer shortly.

Sputnik

posted by Elmer  # 9:11 PM

Tuesday, October 07, 2008

PRIORITY PRIORITY 

Here is a copy of my letter going out to Greg Abbott today.
Just remind him in your letter that it is not the intent of the legislature to have roadblocks in Texas.

Call your State Senator and State Rep immediately and have them contact him on this issue also. Only 2 weeks to stop this.

Thanks
Sputnik


Honorable Greg Abbott
Texas Attorney General

Dear Sir:
It has been brought to my attention that you have set Oct. 23rd as the Deadline to hear remarks about allowing the Department of Public Safety to bypass the legislature and establish a road block rule in Texas.
As you are aware this Bill has been introduced in the Texas Legislature As a deterrent for the DWI problem during three separate sessions and has not garnered sufficient support to be passed into law.
Simply changing the title to a Drivers License and Insurance check does not override the legislative intent that roadblocks should not be allowed in Texas.The Bill will be introduced again in the coming session by Senator Zaffirrini and will once again be defeated. I hope you will accept the will of the legislature on this basic constitutional issue.

Respectfully,
Sputnik
State Chair
Texas Motorcycle Rights Association

posted by Elmer  # 7:47 AM

Seeking Attorney Generals Ruling to bypass legislature 

We may find ourselves needing to hammer our state legislators to stop this before we go into session. Contact your State Senator and your State Rep and ask them to send a letter toAttorney General Greg Abbott to not allow this to happen.
If you don't know who represents you go to our website, click on who represents me, type in your zip code and you get the name address and phone number. Please act now.
Thanks,
Sputnik

10/6/2008
Texas Becomes Roadblock Battleground
Interest groups battle over roadblocks ahead of the 2009 Texas legislative session.

Interest groups are pressuring Texas lawmakers to authorize the use of roadblocks ahead of their return for the 2009 legislative session. The practice of setting up barricades on roads to stop and interrogate motorists suspected of no wrongdoing has been unlawful since a 1994 state appeals court decision ruled that a "politically accountable governing body at the state level" must first approve their use. Now Texas Attorney General Greg Abbott has scheduled an October 23 deadline for briefs to decide the Texas Public Safety Commission's request to bypass this requirement and approve roadblocks on its own authority.

Texas is one of fewer than a dozen states that currently prohibit warrantless searches of motorists. For that reason, the new president of Mothers Against Drunk Driving (MADD), Laura Dean-Mooney, made convincing the Texas legislature of the need for roadblocks a high priority for her organization.

"I have a special place in my heart for Texas," Mooney said upon taking the top job in July. "But so much more must be done. Passing interlocks for all drunk driving offenders and sobriety checkpoints to deter drunk driving would be a great start."

MADD came close to a legislative victory in April 2007 when the state Senate voted unanimously to establish the waterborne equivalent of a roadblock. The proposed "boating safety checkpoints" would have allowed police to pull over and question all recreational boaters on lakes within the state. The legislation would also have given police the discretion to use force to take a boater's blood to determine sobriety.
The measure died when the state House declined to act on the bill.

The alcoholic beverage industry feels threatened by the chilling effect such draconian measures would have on sales of beer and wine at restaurants.

"By calling for roadblocks and mandating breathalyzers for first time offenders, regardless of their BAC level, MADD is ignoring the root cause of today's drunk driving problem -- hard core alcohol abusers,"
American Beverage Institute Managing Director Sarah Longwell said.
"Because they are highly visible by design and publicized in advance, roadblocks are all too easily avoided by the chronic alcohol abusers who comprise the core of today's drunk driving problem. That leaves adults who enjoyed a glass of wine with dinner, a beer at a ball game, or a champagne toast at a wedding to be harassed at checkpoints."

The possibility of innocent drivers being arrested at such checkpoints is increased by a state police policy that gives troopers an incentive to accuse motorists of drunk driving. In a June meeting of the Public Safety Commission, a twenty-seven year veteran of the state police testified about drunk driving (DWI) arrest quotas.

"Also, my second item, some of the troopers that have earned vacation and putting in requests for vacation are being told that their vacation request will not be considered unless they are getting a certain amount of DWIs," retired Trooper Coy Lorance testified.

The commission responded by attempting to get around the prohibition on drunk driving roadblocks by referring to them as "license checks." The group put in the request to the attorney general last month after receiving an inconvenient response from the state police chief.

"Mr. Chairman, you had asked at the meeting prior to... prepare a document that would relate the legal responses to conducting driver's license, registration, and insurance checkpoints," Department of Public Safety Director Thomas Davis testified in June. "I think it's the recommendation of general counsel that without the authority being granted by a governance is that we're not able to do that legally."

In a 2005 decision, the Pennsylvania Supreme Court found that 99.29 percent of drivers stopped at state roadblocks were innocent. The results also showed that it took 53 percent more effort to make an arrest with a roadblock than to use traditional roving patrol techniques. Nonetheless, the court upheld the validity of roadblocks
(view ruling).
http://www.thenewspaper.com/news/06/604.asp

The request letter sent to the attorney general is available in a 170k PDF file at the source link below.

Source: PDF File Request for Attorney General Opinion (Texas Department of Public Safety, 10/6/2008)
http://www.thenewspaper.com/rlc/docs/2008/tx-roadblock.pdf

posted by Elmer  # 7:42 AM

Sunday, October 05, 2008

Memorial Red Cross Placement - Jacksonville - Oct 25 

The jacksonville Chapter of TMRA2 will be having a Motorcycle Fatality Red Cross Memorial placement ride on Oct.25th in Jacksonville. It is in honor of a fellow bike rider killed by an inattentive driver who got away scott free. Chip was killed on Oct. 26th 2007. We would appreciate all the people that we can get in support of this. Staging will be at the old Chubby's Rest. at 1pm and will leave out at 1:45 with a police escort to the scene where there will be a memorial service and cross placement. If you can, please attend this event. Thanks, David

FLYER:
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posted by Elmer  # 11:44 PM

Points 

Here are the first points of change we will seek as we follow the steps outlined in my next booklet.
Sputnik

• Review all Agencies operating under the auspices of the Federal Government. Those that carry out activities not relegated to the Federal Government by the constitution must be phased out and those duties be returned to the states where they rightfully belong.
"In the next place, the state governments are, by the very theory of the constitution, essential constituent parts of the general government. They can exist without the latter, but the latter cannot exist without them." Joseph Story

• Scrutinize the remainder of the Agencies. Those that have already served their purpose or serve no truly necessary purpose should be dissolved.

• The remainder of the Agencies which serve overlapping roles must be streamlined into single Agencies and made to function more efficiently.

• These steps will in turn streamline the Federal government and make it more cost effective.

• Remove the section in each Bill which says "and for other purposes" which allows pork spending to run rampant without a hearing or a vote.
NEXT

• Pass a Balanced Budget Bill during the first 90 days that does not allow any exceptions.

• Conduct a Bipartisan Committee hearing on the feasibility for a
Constitutional Amendment to limit the Supreme Court Justice’s terms to 12 years. As Thomas Jefferson said:
"At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government.
Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account."
Thomas Jefferson

• Return those duties specifically delegated to the Federal government but passed instead to private corporations, back into government control.
Infrastructure (Highways, bridges. Etc), Federal Reserve (print money and set interest rates) and any other such as may exist.

These are just a few of the really important changes that must be made rapidly. Transportation Commissioner Nancy Peters is praising the practice of handing over our infrastructure to foreign interests while at the same time the GAO (Government Accounting Office) is warning of the hidden cost that will bury the system in high hidden costs and dilapidated highway systems.

posted by Elmer  # 11:17 PM

Thursday, October 02, 2008

08LR19 - MRF Leaders Report - October 

Washington Update

The US House passed the Health Insurance Restrictions and Limitations Act of 2008 (HR 6908) last week. This bill, as previously reported by the Motorcycle Riders Foundation (MRF), would force insurance providers to disclose upfront, in writing, any activity they are unwilling to provide full payment for an injury sustained while participating in said activity.
Currently the insurance providers need only refer to the federal loophole known as the "source of injury exclusion provision" to limit payment for any injury based on the source of the injury.
The bill passed with unanimous consent by the US House and is now being considered by the US Senate Committee on Health, Education, Labor and Pensions (HELP). The Senate has passed legislation that was farther reaching than HR 6809 in a previous Congress so the outlook remains bright but time is running short. The MRF will keep you informed on this important issue.
NHTSA Proposes New Helmet Standards
In a notice of proposed rulemaking (NPRM) earlier this week, the National Highway Traffic Safety Administration (NHTSA) set forth its proposal to modify the current safety standard for helmets, Federal Motor Vehicle Safety Standard 218 (FMVSS 218). The proposal focuses mostly on the least important part of any helmet, the DOT label. The NPRM outlines what NHTSA would like to see on the back of your helmet. A new label to replace the current football shaped sticker with the letters DOT printed in a contrasting color to the background. NHTSA claims that due to entities printing and selling "Doing Our Thing" that closely resembles the DOT sticker the federal standard has been undermined and needs an upgrade to a bigger better sticker.
The changes the proposal outlines will require including the word "certified", the manufacturer's name, and the model of the helmet. The proposal also calls for the sticker to be larger and placed higher up from the bottom of the helmet. The new sticker has one other change, it's not a sticker. The NPRM calls for the new label to be a "water decal" to be applied under the helmet's final clear coat.
A few problems arise with this portion of the proposal. What about helmets that don't have a clear coat such as leather clad or the popular matte finish? What about the cost to manufacturing, which will certainly be higher than the government estimates? Lastly, how does this affect the 30 helmet choice law states? The answer to that one is, it doesn't - other than the fact that when you choose to wear a helmet it would have to be DOT certified.
NHTSA also called for some changes to the testing of helmets. None of the changes provide for a more real world condition, just adjusting some of the allowable ranges for helmet puncture and retention.
What is troubling about the proposal is the underlying theme of "safer crashing". We at the MRF believe that it is best to focus on crash prevention instead of injury mitigation. Helmets do not prevent crashes, educated riders and motorists do.
It's true that motorcycle fatalities are near historic levels, but so are new unit sales and registrations. With the soaring price of fuel, expect that to continue for the foreseeable future.
So what does NHTSA expect this proposal to do in the real world? Let us refer to some of NHTSA's own numbers from the proposal. First since this only really affects the 20 mandatory universal helmet law states and the District of Columbia where according to NHTSA's numbers 15 percent of the riders in those jurisdictions use "novelty" helmets that don't meet the current FMVSS 218. Reading further NHTSA says that this proposal, if enacted, would realistically reach 5 percent of the 15 percent of riders who now use "novelty" helmets in universal helmet law states. Using NHTSA's method of guessing at helmet effectiveness, that amounts to about 17-32 lives a year. Now we can certainly all agree that any life saved is a huge success, but the original reason for this proposal was to bring down fatalities significantly. The low double digit decreases don't really dip the numbers down enough to make this necessary. Again, all life is precious but with government resources running on empty, The MRF believes this is time and money better spent on motorcycle safety programs that focus on avoidance of the crash.
The MRF encourages you to provide your own public comment to this NPRM.
You can read the entire 66 page proposal that includes instructions on how to apply. The comment period is open for 60 days. Use the link to view the document:
http://www.nhtsa.gov/staticfiles/DOT/NHTSA/Rulemaking/Rules/Associated%20Files/Helmets_Upgrade_NPRM.pdf
or
http://tinyurl.com/4zcg7x




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posted by Elmer  # 9:51 PM

545 People 

By Charlie Reese

Politicians are the only people in the world who create problems and then campaign against them.

Have you ever wondered why, if both the Democrats and the Republicans are against deficits, we have deficits?

Have you ever wondered why, if all the politicians are against inflation and high taxes, we have inflation and high taxes?

You and I don't propose a federal budget. The President does.

You and I don't have the Constitutional authority to vote on appropriations. The House of Representatives does.

You and I don't write the tax code, Congress does.

You and I don't set fiscal policy, Congress does.

You and I don't control monetary policy, the Federal Reserve Bank does.

One hundred senators, 435 Congressmen, one President, and nine Supreme Court justices! 545 human beings out of the 300 million are directly, legally, morally, and individually responsible for the domestic problems that plague this country.

I excluded the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally c hartered, but private, central bank.

I excluded all the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a Senator, a Congressman, or a President to do one cotton-picking thing. I don't care if they offer a politician $1 million dollars in cash. The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator's responsibility to determine how he votes.

Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party.

What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of a Speaker, who stood up and criticized the President for creating deficits. The President can only propose a budget. He cannot force the Congress to accept it.

The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes. Who is the speaker of the House? She or He is the leader of the majority party. The speaker and fellow House members, not the President, can approve any budget they want. If the president vetoes it, they can pass it over his veto if they agree to.

It seems inconceivable to me that a nation of 300 million can not replace 545 people who stand convicted -- by present facts -- of incompetence and irresponsibility. I can't think of a single domestic problem that is not traceable directly to those 545 people. When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.

If the tax code is unfair, it's because they want it unfair.

If the budget is in the red, it's because they want it in the red.

If the Marines are in IRAQ, it's because they want them in IRAQ.

If they do not receive social security but are on an elite retirement plan not available to the people, it's because they want it that way. There are no insoluble government problems.

Do not let t hese 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like 'the economy,' 'inflation,' or 'politics' that prevent them from doing what they take an oath to do.

Those 545 people, and no one else; and they alone, are responsible.

They, and they alone, have the power.

They, and they alone, should be held accountable by the people who are their bosses provided the voters have the gumption to manage their own employees.

We should vote all of them out of office and clean up their mess!

Charlie Reese is a former columnist of the Orlando Sentinel Newspaper.

What you do with this article now that you have read it is up to you, though you appear to have several choices.

1. You can send this to everyone in your address book, and hope they do something about it.
2. You can agree to vote against everyone that is currently in office, knowing that the process will take several years.
3. You can decide to run for office yourself and agree to do the job properly.
4. Lastly, you can sit back and do nothing, or re-elect the current bunch.

YOU DECIDE, BUT AT LE AST SEND IT TO EVERYONE IN YOUR ADDRESS BOOK, MAYBE SOMEONE IN THERE WILL DO SOMETHING ABOUT IT!

posted by Elmer  # 9:41 PM

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