SB-435 latest update

OFF THE WIRE

Please withdraw support for SB 435

If California enacts SB 435 it will be bad for motorcycling.

You fully realize that it is wrong for the state to enforce a federal
standard against consumers, when the EPA cannot even regulate the
manufacturers. You also realize your support for this will not go
unnoticed, and will result in motorcyclists against your products as
well as any rebranding distributors who sell the Bub pipes. Any
attempted rebranding will be discovered and publicized. This is an
attack on bikers. Shame on you!

Please notify the legislators that you withdraw your support before you
wake up an angry giant.

For Immediate Distribution:
June 28, 2010

Dear ABATE Brothers & Sisters,

We have the results from the latest PAC vote regarding SB-435 requested on behalf the membership of ABATE of California by Sarge Matthews, Chairman of the Board. The majority board opinion was that this was a fair request in order to see that an equitable consensus opinion of the PAC was achieved in the direction to proceed with regard to SB-435. The results of the latest PAC vote indicate a desire to proceed with the negotiated settlement as brought to us by Jim Lombardo, Legislative Director and Lobbyist for ABATE of California.

Before I continue, let me say that while this is not the outcome that neither I nor many of you desired, we should take great satisfaction and pride that we were able to be part of the process of shaping this bill into it’s current amended language. We have achieved major concessions from the opposition and that is not an insignificant feat in view of where this started. Our input and opposition to this bill was taken into account and I can’t classify that as rolling over. We have been part of the process and that is something very few people can say when it comes to affecting the political process. No, we didn’t get all we wanted but we certainly aren’t coming out of this empty handed.

What many may not understand is that we simply did not enjoy enough support on the Assembly Transportation Committee to kill SB-435 outright since the bill was changed to a noise bill. But, we have been able to remove most of the most objectionable language from this bill. I invite any of you who feel we simply rolled over to look at the amount of language that has been lined out due to our extremely vociferous and successful opposition. Our choices were to go for broke on principal or to accept the amended language we forced the bill authors to concede to. I want all of you to ask yourselves if we had defeated SB-435 outright, how long before we would have been looking at another similar bill? Keep in mind that we have absolutely defeated SB-435 as a smog bill and the issue now is EPA noise label match-up. Also keep in mind that California already has an anti-tampering statute on the books. At this point we have achieved the following concessions from Senator Pavley and Assemblywoman Lowenthal.

· It has been amended to read that ALL motorcycles currently on the road will be grandfathered in.

· It has been amended to be a fix-it ticket mechanical violation instead of a moving violation, correctable with proof of correction.

· It has been amended to make this a secondary violation, and motorcycles cannot be stopped solely for suspicion of a violation of tampering or being non-compliant.

· It has been amended to read that the fine will be in the $50 to $100 dollar range and not the $300 as originally requested by the bill’s author.

· We have also avoided smog checks and the imposition of any new noise restrictive programs such as J2825.

While there will be much Monday morning quarterbacking, given the nature of the political realities in Sacramento, it is highly doubtful SB-435 could or would be defeated strictly on it’s face. ABATE of California’s strong opposition to SB-435 has resulted in negotiating much of the worst language out of the bill. Given the choice of making a stand on a bill that we did not enjoy enough support to defeat or working to force amendments that the PAC believed to be workable, the latter choice was taken. The other option to go for broke would most likely have left us in the unenviable position of having a statute enacted that did not provide any of these concessions and exclusions and no longer able to effectively bargain them out of the bill. I will have a further update after the bill hearing today.

Sincerely,

Anthony Jaime
Executive Director
ABATE of California

Comment

Their clip image indicates that ABATE of CA is a UNION OF MOTORCYCLISTS wow they walked completely away for both totalitarian enactments and education?

No comment on the legislative work as I don't live in Ca. but I'm sure we will see something like it soon.

You guys ever hear of the National Convention of State Legislators?

If you are into working legislators and have an organization that has money this is the one convention to be at. All the state legislator's and various staff folk gather and talk about those things that are affecting them, locally and federally.

A lot of wining and dining and playing while you work, wink, wink. This, Ira, is where lobbyists do their magic and no money exchanges hands. Just golf, race tracks, food, etc. all on the lobbyist and if worked right the reportable limits are never met on a daily basis.

They come home with other state's "good ideas" and wham east coast meets west coast meets middle America meets the high plains meets the etc. and we all eat the same shit eventually.


Some times you can't fight city hall in court you have to ambush them where they play.

Hildy

And to those of you who did nothing, you are welcome to enjoy the freedoms others have provided you!