New York Freedom Riders New York Legislation and news -5/13/11

OFF THE WIRE
NEW YORK LEGISLATION UPDATES:
Helmet, gang: No updates.

MOTORCYCLE

A06694: Provides that ownership of unidentifiable part in identifiable
motorcycle,
other than a stolen motorcycle shall be returned to such owner, provided
that
department has made findings such owner had no knowledge part was
unidentifiable and that owner wasn't responsible nor acted in concert to
render
such part unidentifiable; provides that a department investigation shall
take
place within thirty days after seizure of motorcycle; and requires
commissioner
to establish criteria to determine whether motorcycle shall be
confiscated,
seized or impounded and also to establish a system to ensure return of
motorcycles to owners in undamaged condition.

Status:
On Assembly Transportation agenda: Tuesday May 17,2011
01:30 PM--TRANSPORTATION (GANTT) Room 829 LOB
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NEW YORK FREEDOM RIDERS NY CALL TO ACTION

Contact Assembly Transportation Committee members and tell them to vote
YES on A6694.  Stop the DMV’s unjust practices of confiscating
motorcycles and not returning them to their owners.

Email the Transportation Committee Members NOW!!
Chairman: Gantt: GanttD@assembly.state.ny.us
Edward Braunstein: braunsteine@assembly.state.ny.us
Harry Bronson: bronsonh@assembly.state.ny.us
Marcos Crespo: CrespoM@assembly.state.ny.us
Michael Cusick: CusickM@assembly.state.ny.us
Michael DenDekker: DenDekkerM@assembly.state.ny.us
Dennis Gabryszak: GabryszakD@assembly.state.ny.us
Sam Hoyt: HoytS@assembly.state.ny.us
George Latimer: LatimeG@assembly.state.ny.us
Peter Lopez: LopezP@assembly.state.ny.us
Dan Losquadro: losquadrod@assembly.state.ny.us
Donna Lupardo: LupardoD@assembly.state.ny.us
Alan Maisel: MaiselA@assembly.state.ny.us
Nicole Malliotakis: malliotakisn@assembly.state.ny.us
David McDonough: McDonoD@assembly.state.ny.us
Joan Millman: MillmaJ@assembly.state.ny.us
Dean Murray: MurrayD@assembly.state.ny.us
Philip Palmesano: palmesanop@assembly.state.ny.us
N. Nick Perry: PerryN@assembly.state.ny.us
Bill Reilich: ReilicW@assembly.state.ny.us
Michelle Schimel: SchimelM@assembly.state.ny.us
Mike Spano: SpanoM@assembly.state.ny.us
Fred Thiele, Jr.: ThieleF@assembly.state.ny.us
Matthew Titone: TitoneM@assembly.state.ny.us
Lou Tobacco: TobaccoL@assembly.state.ny.us
Harvey Weisenberg: weisenbergh@assembly.state.ny.us
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UPDATES

Alabama - motorcycle NEW

HB576: To amend Sections 32-5A-240 and 32-12-22 of the Code of Alabama
1975, relating to motorcycles and motor-driven cycles, to further
provide for the issuance of Class M motorcycle licenses, including Class
M motorcycle licenses with a motor-driven cycle restriction, and Class M
endorsements on driver's licenses; to require a knowledge test under
certain conditions; to provide a skills test prospectively after a
certain date for persons 17 years of age or younger to be licensed.
Sponsor: Representatives Farley

NOTE:
" The bill would also provide that the provisions of the graduated
driver's license law restricting the operation of a motor vehicle by a
person age 16 or 17 and its provision for exceptions and suspensions of
licenses would under certain conditions apply to persons under age 18
operating a motorcycle or a motor-driven cycle."

Status:
05/05/2011: Public Safety and Homeland Security
Bill Text:
http://alisondb.legislature.state.al.us/acas/ACASLoginFire.asp
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Delaware- helmet update

HB95: This bill eliminates the requirement that a person must have a
safety helmet in their possession while operating or riding on a
motorcycle. This bill does not change the requirement in Title 21 of the
Delaware Code that a person up to 19 years of age must wear a safety
helmet while operating or riding on a motorcycle.
Sponsor: Mulrooney

Status:
May 04, 2011 - Reported Out of Committee (PUBLIC SAFETY & HOMELAND
SECURITY) in House with 8 On Its Merits
Bill text:
http://www.legis.delaware.gov/LIS/LIS146.NSF/2bede841c6272c8880256984004
33a04/a624510c6b881ca385257823004951b2?OpenDocument&Highlight=0,motorcyc
le
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Illinois- traffic lights update

Amends the Illinois Vehicle Code. Provides that the driver of a
motorcycle, facing any steady red signal which fails to change to a
green signal within a reasonable period of time because of a signal
malfunction or because the signal has failed to detect the arrival of
the motorcycle due to the motorcycle's size or weight, has the right to
proceed subject to the rules applicable after making a stop at a stop
sign.
Sponsor: Beiser

Status:
5/10/2011: Senate- Do Pass Transportation; 008-000-000
5/10/2011: Senate- Placed on Calendar Order of 2nd Reading May 11, 2011
5/12/2011: Senate- Second Reading
5/12/2011: Senate- Placed on Calendar Order of 3rd Reading May 13, 2011
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Maine- pipes update

LD 477: An Act To Reduce Noise Pollution by Requiring Mufflers on
Motorcycles
Sponsor: Diane Russell

Status:
5/10/2011:House -Committee on Bills in the Second Reading Reports no
further verbal amendments necessary Representative RICHARDSON of Carmel,
Chair, House of Representatives Report Accepted. READ the Second Time.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment
"A" (H-144)Sent for concurrence. ORDERED SENT FORTHWITH.
5/11/2011: Senate -Reports READ On motion by Senator COLLINS of York
Majority Ought to Pass As Amended by Committee Amendment "A" (H-144)
Report ACCEPTED, in concurrence.
READ ONCE: Committee Amendment "A" (H-144) READ and ADOPTED, in
concurrence. ASSIGNED FOR SECOND READING NEXT LEGISLATIVE DAY
5/12/2011: Senate -COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO
FURTHER VERBAL AMENDMENTS NECESSARY Senator Rosen, Senate Chair. REPORT
ACCEPTED. READ A SECOND TIME On motion by Senator ALFOND of Cumberland
Tabled Later Today Assigned pending PASSAGE TO BE ENGROSSED AS AMENDED
BY Committee Amendment "A" \ (H-144) in concurrence Unfinished Business
---
Amendment:
Amend the bill by striking out the title and substituting the following:

‘An Act Relating to Noise Violations by Motor Vehicles, Including
Motorcycles’
Amend the bill by striking out everything after the title and before the
summary and inserting the following:
‘Emergency preamble. Whereas,  acts and resolves of the Legislature do
not become effective until 90 days after adjournment unless enacted as
emergencies; and

Whereas,  this Act provides a defense for mufflers or exhaust systems of
motor vehicles and motorcycles to violations of excessive or unusual
noise; and

Whereas,  it is important to enact this law immediately as motorcycle
traffic is at its peak during the spring and summer months and the
effective date of this legislative session’s enacted laws will likely
occur in late summer or early fall; and

Whereas,  in the judgment of the Legislature, these facts create an
emergency within the meaning of the Constitution of Maine and require
the following legislation as immediately necessary for the preservation
of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:

Sec. 1. 29-A MRSA §1912, sub-§6,  as amended by PL 2005, c. 314, §11, is
repealed and the following enacted in its place:
6.  Defense for noise violations by motor vehicles and motorcycles.
The following are defenses to a violation of subsection 1 or 3.
A.  If a muffler or exhaust system of a motor vehicle as defined in
section 101, subsection 42, not including a motorcycle, does not emit
noise in excess of 95 decibels as measured in accordance with standards
and specifications outlined in standard J1169 adopted by the Society of
Automotive Engineers in May 1998, subsections 1 and 3 do not apply. A
person served with a Violation Summons and Complaint charging a
violation of subsection 1 or 3 must provide satisfactory evidence that
the muffler or exhaust system does not emit noise in excess of 95
decibels as measured in accordance with standards and specifications
outlined in standard J1169 adopted by the Society of Automotive
Engineers in May 1998. Measurements must be made by a participating
certified inspection station.
B.  Subsections 1 and 3 do not apply to a muffler or exhaust system of a
motorcycle that does not emit noise, as measured in accordance with
standards and specifications outlined in standard J2825 adopted by the
Society of Automotive Engineers in May 2009, in excess of 92 decibels at
an idle and emits noise that does not measure:

(1) More than 96 decibels using the set RPM test or swept RPM test for
an engine configuration other than a 3cylinder or 4cylinder engine
configuration; or

(2) More than 100 decibels using the set RPM test or swept RPM test for
a 3cylinder or 4cylinder engine configuration.

A person served with a Violation Summons and Complaint charging a
violation of subsection 1 or 3 must provide satisfactory evidence that
the muffler or exhaust system does not exceed decibel levels as
described in this paragraph. Measurements must be made by a
participating certified inspection station.

Emergency clause. In view of the emergency cited in the preamble, this
legislation takes effect when approved.’
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Michigan- helmet update

HB4608: A person less than 21 years of age operating or riding on a
motorcycle shall wear a crash helmet on his or her head. A person 21
years of age or older operating or riding on a motorcycle is not
required to wear a crash helmet on his or her head if he or she has had
a motorcycle endorsement on his or her operator's or chauffeur's license
for not less than 2 years or the person passes a motorcycle safety
course conducted under section 811a or 811b.
Sponsor: Peter Pettalia

Status:
5/4/2011: introduced by Representative Peter Pettalia; referred to
Committee on Transportation
5/5/2011: printed bill filed 05/05/2011
Bill text:
http://www.legislature.mi.gov/documents/2011-2012/billintroduced/House/h
tm/2011-HIB-4608.htm
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Texas

HB 2470: Relating to the regulation of sport bikes and certain other
motorcycles.
Sponsor: Phillips

Status:
05/02/2011:H- Placed on General State Calendar

05/03/2011 :Read 2nd time              
05/03/2011: Amended -1-Phillips        
05/03/2011: Passed to engrossment as amended               
05/03/2011: Nonrecord vote recorded in Journal

05/04/2011 : Read 3rd time                 
05/04/2011: Passed                
05/04/2011: Record vote      RV#683     
05/05/2011: S -Received from the House 
Bill text:
http://www.legis.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=HB247
0
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FEDERAL

MOTORCYCLE
H.RES.239 : Supporting efforts to retain the ban on the National Highway
Traffic Safety Administration's (NHTSA's) ability to lobby State
legislators using Federal tax dollars and urging NHTSA to focus on
motorcycle crash prevention and rider education and training.
Sponsor: Rep Sensenbrenner, F. James, Jr. [WI-5] Cosponsors (10)
Committees: House Transportation and Infrastructure

Latest Major Action: 5/2/2011 Referred to House committee.
Status: Referred to the House Committee on Transportation and
Infrastructure.
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FEDERAL GANG
H.R.1820
Latest Title: To fight criminal gangs.
Sponsor: Rep Pallone, Frank, Jr. [NJ-6] (introduced 5/10/2011)
Cosponsors (None)
Latest Major Action: 5/10/2011 Referred to House committee.
Status: Referred to the Committee on the Judiciary, and in addition to
the Committees on Education and the Workforce, and Financial Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned.

Bill text not available.

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NEW REPORTS

Nebraska: LB52 helmet bill
Committee hearing transcript- PDF 102 pages:
http://www.legislature.ne.gov/FloorDocs/Current/PDF/Transcripts/Transpor
tation/2011-02-14.pdf
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http://www.nhtsa.gov/STSI

State Traffic Safety Information Updated with 2009 Data,

NCSA has updated the State Traffic Safety Information (STSI) site with
the most recent (2009) Vehicle Miles of Travel provided by the Federal
Highway Administration. STSI shows selected traffic safety data for each
state for 5 years (currently, 2005 – 2009). STSI also has the option, if
you load the Google Earth Plug-in, to show the location, using “pin
maps”, of fatal crashes of various types.

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Riders Against Constitutional Erosion
"Freedom Is NOT A Spectator Sport"