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New York Freedom Riders New York Legislation and news -2/18/11




NEW YORK LEGISLATION UPDATES:
MOTORCYCLE

Bill Number: A05381/ 3316 NEW

Assembly Sponsor: Lupardo

Senate Sponsor: DEFRANCISCO

Amd S5103, Ins L
Relates to motorcycle insurance policies and requires owners' policies

of liability to inform the insured that motor vehicle no-fault insurance

does not apply to motorcycles and that state uninsured motorist coverage

is available in the alternative; requires the insured to sign a

statement if the insured does not choose the state uninsured motorist

coverage.
Assembly status: 02/17/2011 referred to insurance

Senate status: 02/16/2011 REFERRED TO INSURANCE

Bill text:

http://assembly.state.ny.us/leg/?default_fld=&bn=A05381&Text=Y
HELMET
Bill Number: A05364/ [S 2974] NEW

Assembly Sponsor: Lupardo

Amd S381, V & T L

Exempts motorcyclists over the age of twenty-one from the requirement of

wearing protective helmets of a type approved by the commissioner of

motor vehicles when operating or riding a motorcycle.

Assembly status: 02/16/2011 referred to transportation
Bill text:

http://assembly.state.ny.us/leg/?default_fld=&bn=A05364&Text=Y

Bill Number: S03288 [No same as] NEW

Sponsor: KRUGER

Add S18-105-a, Gen Ob L
Requires skiers to wear helmets and imposes civil penalties for failure

to do so; such penalties shall be $50 for the first offense and $100 for

each subsequent offense; provides parents would be jointly liable for

payment of fines if minor who is 16 years of age commits a violation

hereof.
Status: 02/15/2011 REFERRED TO JUDICIARY

Bill text:

http://assembly.state.ny.us/leg/?default_fld=&bn=S03288&Text=Y
GANG
Bill Number: A05323 [No same as] NEW
Sponsor: Titone
Add Art 280 SS280.00 - 280.30, Pen L; amd SS1310 & 1349, CPLR
Establishes offenses relating to criminal street gang enterprises and the

abatement of premises used for the activities of such enterprises;
provides for

disposition of forfeiture moneys where the person against whom a
forfeiture
action is commenced is a member of a criminal street gang enterprise.
Status: 02/15/2011 referred to codes
Bill text:

http://assembly.state.ny.us/leg/?default_fld=&bn=A05323&Text=Y
UPDATES
California- gang NEW

SB296: An act to amend Section 186.22a of the Penal Code, relating to

gangs.

Sponsor: Wright
NOTE: added

(5) (A) In addition to any other applicable administrative or judicial

remedies, in any action relating to an individual subject to an

injunction issued pursuant to subdivision (a), the individual may

petition the court to exempt him or her from all or any part of an

injunction order.

(B) The petition shall specify whether the individual is requesting

to be exempt from the entire injunction order or any part of that order.

The individual shall in the petition certify, under penalty of perjury,

all of the following:

(i) The individual has not violated any provisions of an injunction

issued pursuant to subdivision (a) of which he or she had notice.

(ii) The individual is not a member of the criminal street gang that

is subject to the injunction.

(iii) The individual is not a member of any other criminal street

gang, as defined in subdivision (f) of Section 186.22.

(iv) The individual does not have any criminal charges pending

against him or her.

(v) The individual has not been arrested in any jurisdiction within

three years prior to making the petition of which this certification is

a part.

(vi) The individual has not obtained any gang-related tattoos within

three years prior to making the petition of which this certification is

a part.

(vii) The individual has not, within three years prior to making the

petition of which this certification is a part, knowingly been

documented by any law enforcement agency to have been in the company or

association of any other gang member that the individual knows to be

covered by the injunction, other than an immediate family member.

(viii) The individual is not acting, and agrees that he or she will

not act, to promote or assist any activities prohibited by the

injunction.

(C) The court may hold an evidentiary hearing in order to rule on any

petition filed pursuant to subparagraph (A). The court may, in its

discretion, receive any evidence relevant to whether the petition should

be granted or denied.

(D) At the time notice of an injunction filed pursuant to subdivision

(a) is served on any person, the petition form developed by the Judicial

Council for use by an individual seeking to be exempt from all or part

of an injunction shall be attached to the documents that are served.

(6) Any prosecuting agency filing any action for injunction pursuant

to subdivision (a) shall, at the time of filing the action with the

court, provide a copy of the filing to the local public defender's

office.

Status:

Feb. 15- From printer. May be acted upon on or after March 17.

Feb. 14- Introduced. Read first time. To Com. on RLS. for assignment.

To print.

Bill text:

http://www.blogger.com/goog_1500729955


110214_introduced.html
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Georgia: motorcycle/traffic lights update

ABATE of GA: http://www.abatega.org/ln.html

From: EDWARD B ANDROSS

2/16/11

About 1 hour ago our RED LIGHT BILL HB-161 was heard in the Public

Safety Committee of the Georgia House of Representatives. ABATE

Legislative Director, Linda Allen and Representative Ann Purcell (who is

carrying our Bill-HB-161) did an excellent job of presenting the bill

and explaining the problems motorcycles face with red lights. The

committee voted DO-PASS on HB-161. NOW THE BILL MUST BE PRESENTED TO

THE RULES COMMITTEE WHERE HOPEFULLY IT WILL BE REFERRED TO THE FLOOR OF

THE HOUSE FOR A VOTE. ONCE APPROVED BY THE HOUSE THE BILL WILL 'CROSS

OVER' TO THE SENATE WHERE IT WILL GO THROUGH THE SAME PROCEDURE. WHEN

HB-161 PASSES IN BOTH THE HOUSE AND SENATE IT GOES TO THE GOVERNOR TO BE

SIGNED.

HB161: A BILL to be entitled an Act to amend Part 2 of Article 13 of

Chapter 6 of Title 40 of the Official Code of Georgia Annotated,

relating to uniform rules of the road for motorcycles, so as to provide

for certain traffic regulations relating to motorcycles; to provide for

related matters; to repeal conflicting laws; and for other purposes.

Bill text:

http://www.legis.ga.gov/Legislation/20112012/109014.pdf

Hawaii - noise update

SR5: CONVENING A LEGISLATIVE NOISE POLLUTION TASK FORCE TO REVIEW BEST

PRACTICES FROM OTHER STATES IN REDUCING URBAN NOISE POLLUTION.

Introducer(s): GALUTERIA, CHUN OAKLAND, KIDANI

NOTE:

" BE IT FURTHER RESOLVED that the Task Force is requested to focus on

but not be limited to noise pollution from motorcycle, motor scooter,

and moped mufflers, trash disposal vehicles, and stereo or other audio

equipment in passenger vehicles; and

BE IT FURTHER RESOLVED that the Legislative Reference Bureau shall

assist the Task Force with drafting legislation, if any, which the Task

Force deems necessary, as a result of its findings and recommendations

regarding the best practices in reducing noise pollution to address

excessive and disturbing noise levels; and

BE IT FURTHER RESOLVED that the Task Force is requested to report its

findings on best practices from other states in reducing noise pollution

and its findings and recommendations to address excessive and disturbing

noise levels to the Legislature no later than twenty days prior to the

convening of the Regular Session of 2012; and..."
Status:

2/16/2011: The committee(s) on ENE has scheduled a public hearing on

02-24-11 3:00PM in conference room 225.

Bill text:

http://www.capitol.hawaii.gov/session2011/bills/SR5_.html
llinois - helmets update
http://www.ilga.gov/house/committees/hearing.asp?CommitteeID=970&GA=97
Transportation: Vehicles & Safety Committee

Hearing Scheduled for Feb 23, 2011

Scheduled Date: Feb 23, 2011 9:00AM

Location: Room 118 Capitol Building, Springfield, IL

On agenda:

HB0285: Amends the Illinois Vehicle Code. Provides that every operator

and passenger on a motorcycle, motor driven cycle, or motorized

pedalcycle who is age 26 or younger must wear a helmet that meets

federal safety standards.

HB0290: Amends the Illinois Vehicle Code to require every operator and

passenger on a motorcycle, motor driven cycle, or motorized pedalcycle

to wear a helmet that meets federal safety standards.

Maryland - helmet fine NEW

SB852: Motorcycles - Protective Equipment - Penalty

Sponsored: Senator Astle

Synopsis: Altering the penalty from a maximum fine of $500 to a maximum

fine of $25 for specified violations of law relating to the failure to

use protective headgear and other protective equipment while operating

or riding on a motorcycle.

Status: 2/14 First Reading Senate Rules
Bill text:

http://mlis.state.md.us/google_docs$/2011rs/bills_noln/sb/fsb0852.pdf

Massachusetts -children on motorcycles, interfering with motorcycles,

noise, banning of motorcycles NEW
Bill H00947: legislation to prohibit certain children from being

passengers on motorcycles.

Sponsors: Todd M. Smola

NOTE:

No child under the age of 5 years and no child weighing 40 pounds or

less shall ride as a passenger on a motorcycle with a maximum speed in

excess of 30 miles per hour.

Status:
1/14/2011 House Bill Filed.

2/15/2011 House Referred to Joint Committee on Transportation.

2/15/2011 House Senate concurs.

Bill text:

http://www.malegislature.gov/Bills/187/House/H00947
Bill H00948: legislation to prohibit the operation of a motor vehicle

that interferes or disrupts a group of 2 or more motorcycles.

Sponsor: Todd M. Smola

Status:
1/14/2011 House Bill Filed.

2/15/2011 House Referred to Joint Committee on Transportation.

2/15/2011 House Senate concurs.

Bill text:

http://www.malegislature.gov/Bills/187/House/H00948

Bill H00952: legislation to further regulate motorcycle sound levels

Sponsor: Theodore C. Speliotis

NOTE:

"The use and sale of any exhaust pipe that increases the sound emission

of any vehicle including motorcycles shall be prohibited. All motorcycle

exhaust pipes must conform to 82dBA maximum noise level measured

directly to the rear exhaust outlet at a distance of 12 inches. The

angle of measurement shall not exceed 30 degrees. Sound measurements

taken beyond 12 inches that exceed the requirements are not acceptable.

Violation of said decibel level, or illegal retrofitting, will result in

a license suspension for six (6) months and/or a fine not to exceed two

hundred and fifty dollars ($250)."
Status:

1/14/2011 House Bill Filed.

2/15/2011 House Referred to Joint Committee on Transportation.

2/15/2011 House Senate concurs.
Bill text:

http://www.malegislature.gov/Bills/187/House/H00952
Bill H00895: relative to cities and towns being prohibited from adopting

rules or regulations banning the use of motorcycles on public ways.

Sponsor: Sponsors: Demetrius J. Atsalis
Status:

1/10/2011 House Bill Filed.

2/15/2011 House Referred to Joint Committee on Transportation.

2/15/2011 House Senate concurs.
Missouri - helmet update
SB 28 : Exempts motorcyclists age 21 and older from wearing a helmet

when operating a motorcycle or motortricycle

Sponsor: Brown
Status:

2/17/2011: - Reported Do Pass (S)

2/21/2011 : S Formal Calendar S Bills for Perfection--SB 28-Brown

Bill text:

http://www.senate.mo.gov/11info/BTS_Web/BillText.aspx?SessionType=R&Bill
ID=4065313
Nebraska - helmet update

ABATE of Nebraska: http://www.abateofne.com/
Update - Feb 14, 2011

We met in committee today for lb 52 and both sides of the argument were

heard. We have a good feeling about the outcome but we are working on

some additional information that the committee requested. There a

couple of opportunities for them to reach a decision by next Tuesday. We

are in close contact with the committee. Of note, we were applauded on

our professionalism and our adherence to the system to date . please be

patient and we will keep you updated as we know more.

Todd C. Miller

State Coordinator, ABATE of NE Inc.

ABATE of Nebraska

North Carolina- motorcycle NEW

HB113: Motorcycle Safety Act.

AN ACT TO CREATE ADDITIONAL PROTECTIONS FOR MOTORCYCLISTS FROM 2 UNSAFE

MOVEMENTS BY OTHER VEHICLES.

Sponsor: Killian

Status:

02/16/2011 House Filed

02/17/2011 House Passed 1st Reading

02/17/2011 House Ref To Com On Transportation

Bill text:
http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H113v1.pdf
Oregon -helmet

HB 3141: Relating to motorcycle helmets; declaring an emergency.

Requires only persons under 21 years of age to wear motorcycle helmet

while riding on or operating motorcycle.

Status: 02/14 (H) Referred to Transportation and Economic

Development.

Bill text:

http://www.leg.state.or.us/11reg/measures/hb3100.dir/hb3141.intro.html

Tennessee - helmet, out of state motorcyclists NEW

HB 1673/SB 1466: As introduced, authorizes persons to ride a motorcycle

without a helmet if they are 21 and have at least $15,000 of medical

insurance coverage. - Amends TCA Section 55-9-302.

Assembly Sponsor: Matheny

Senate Sponsor: Bell

Assembly status: 02/17/2011- Filed for intro.

Senate status: 02/17/2011- Filed for intro.

Bill text:

http://www.capitol.tn.gov/Bills/107/Bill/HB1673.pdf
HB 1810/SB 1290: As introduced, requires nonresidents, 21 years of age

or older, operating a motorcycle registered in another state to comply

with mandatory motorcycle equipment laws from state in which motorcycle

is registered.

Assembly Sponsor: Tidwell

Senate Sponsor: Southerland

Assembly status: 02/17/2011 Filed for intro.

Senate status: 02/16/2011 Filed for intro.

Bill text:

http://www.capitol.tn.gov/Bills/107/Bill/HB1810.pdf
 1811/SB 1291: As introduced, exempts from requirement to wear a

helmet while riding a motorcycle nonresidents, 21 years of age or older,

from states that do not require motorcycle helmets. - Amends TCA Section

55-9-302.

Assembly Sponsor: Tidwell

Senate Sponsor: Southerland



Assembly status: 02/17/2011 Filed for intro.

Senate status: 02/16/2011 Filed for intro.

Bill text:

http://www.capitol.tn.gov/Bills/107/Bill/HB1811.pdf

Virginia- motorcycle/traffic lights update

HB 1981 Traffic lights; motorcycle drivers, etc., in certain situations,

to proceed through intersections.

Sponsor: Thomas A. Greason
Status: 02/17/11 Senate: Reported from Transportation with amendment

(15-Y 0-N)

Bill text:

http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HB1981H1

Washington - helmet NEW - profiling, parades update

HB 1984: Removing certain requirements for motorcycle helmet use.

Sponsor: Representatives Blake, Haler, Shea, Dunshee, Crouse, Fagan,

Ormsby, Condotta, McCune, Parker



Status: Feb 17 First reading, referred to Transportation

Bill text:

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bill

s/1984.pdf

HB 1333: Addressing motorcycle profiling.

Sponsors: Representatives Kirby, Van De Wege, Hurst, Pearson,

Appleton, Ross, Ladenburg, Kagi, Upthegrove, Blake, Green, Kenney,

Condotta



Status: Feb 15 Public hearing in the House Committee on General

Government Appropriations & Oversight at 8:00 AM

Bill text:

http://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bills/House%20Bill

s/1333.pdf

--------

SB 5185: Temporarily suspending certain motorcycle rules when operating

in parades or public demonstrations.

Sponsor: Senators Delvin, Sheldon, Becker, Honeyford, Swecker, Stevens,

Benton, Holmquist Newbry, Zarelli, Baumgartner, King, Schoesler, Hewitt,

Ericksen, Roach



Status: Feb 25 Scheduled for public hearing in the House Committee on

Transportation at 1:30 PM. (Subject to change)

Bill text:

http://www.blogger.com/goog_1500729934


ls/5185-S.pdf
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