been away but I'm back

will start updates

Department of Transportation offices Re-Open, Congress Passes 30-Day Extension

State Reimbursements for Highway Construction Resume After 2-Day stoppage.

The Senate floor has seen some spectacular partisan politics the past two days. With Senator Jim Bunning (R-KY) essentially filibustering the bill, HR 4691 for fiscal conservative reasons and Senator Harry Reid and his Leadership refuting Bunning all the way. Bunning refused to let the bill pass by voice vote so he demanded a roll call vote, something every Senator has the power to do. Reid refused to allow the roll call vote. Bunning relented late Tuesday in exchange for a vote on his proposal. The original bill, HR 4691, passed 78-19.
As a result this bill permitted DOT agencies to re-open, authorized spending from the Highway Trust Fund, and allowing reimbursements to the States for highway work. Including an additional 2 years for the motorcycle safety programs contained in SAFETEA-LU (PL109-59). Those programs, known as the section 2010 grants provide grants to States to be used for rider education and motorist awareness campaigns.
Perhaps the most troubling aspect of the this week's shutdown of the Federal Highway Administration has made it clear that Congress has no problems with subjecting the Nations highway progress and programs to a seriously broken political process.

Amazing dichotomy in WA.

This is the kind of two-way respect that happens in the legislative building.

Motorcycle Related Bills filed for the 2010 Session

HB 41
Use of an Electronic Wireless Communications Device While Driving Prohibits operation of moving motor vehicle while reading, manually writing or typing, or sending message on electronic wireless communications device; provides exceptions & penalties.

Last Event: Thursday, October 01, 2009 - Now in Roads, Bridges & Ports Policy Committee
HB 71
Department of Highway Safety and Motor Vehicles Decreases fees & charges for reinstatement of driver license, certificates of title, registration of motor vehicle, license plates, validation decals, & mobile home stickers, initial registration application for certain vehicles, driver's license examinations, services & documents, driver's licenses, return of license suspended, & DUI program enrollment; removes fee & service charge for publication & delivery of notice given by certain licensed dealers, lists of motor vehicle & vessel records, & hearing on or review of certain actions; decreases annual license taxes for operation of certain vehicles.

Last Event: Thursday, October 01, 2009 - Now in Transportation & Economic Development Appropriations Committee
HB 97
Street Racing Creates "Luis Rivera Ortega Street Racing Act"; revises penalties for violating provisions prohibiting certain speed competitions & exhibitions.

Last Event: Wednesday, January 13, 2010 - Now in Roads, Bridges, and Ports Policy Committee.
HB 99
Department of Highway Safety and Motor Vehicles Same as HB 71

Last Event: Monday, October 12, 2009 - Now in Transportation & Economic Development Appropriations Committee
HB 137
Motor Vehicles Revises penalties for unlawful operation of soundmaking device in motor vehicle; provides that such operation is moving violation which includes assessment of points against driver's license; provides increased penalties for repeat violations within certain time period.

Last Event: Monday, October 12, 2009 - Now in Roads, Bridges & Ports Policy Committee
SB 244
Heather's Law/Cellular Telephone Use in Vehicles Prohibits the use of a cellular telephone while operating a motor vehicle except when using a headset or hands-free device. Provides for enforcement only as a secondary offense, etc.

Last Event: Wednesday, December 09, 2009 - Referred to Transportation; Communications, Energy, and Public Utilities; Transportation and Economic Development Appropriations.
HB 247
Driving or Boating Under the Influence Authorizes law enforcement officer to arrest person without warrant when there is probable cause to believe person has committed any of specified driving or boating under influence violations.

Last Event: February 03, 2010 - Withdrawn prior to introduction.
CS/HB 297
Vehicle Crashes Involving Death Requires that defendant arrested for leaving scene of crash involving death must be held in custody until brought before judge for admittance to bail.

Last Event: Thursday, February 05, 2010 - Favorable by Policy Committee.
SB 298
Motor Vehicles/Sound making Devices Revises penalties for unlawful operation of a sound making device in a motor vehicle. Provides that such operation is a moving violation, which includes the assessment of points against the driver's license. Provides increased penalties for repeat violations within a certain time period.

Last Event: Wednesday, December 09, 2009 - Referred to Transportation; Community Affairs; Policy & Steering Committee on Ways and Means.
SB 324
Motor Vehicle Operators/Text Messaging Prohibits a person from writing or sending a text message on an electronic communications device while operating a motor vehicle. Provides for enforcement. Provides exceptions. Provides penalties.

Last Event: Wednesday, December 09, 2009 - Referred to Transportation; Communications, Energy, and Public Utilities; Transportation and Economic Development Appropriations.
SB 328
State Uniform Traffic Control/Texting Prohibited Prohibits the use of an electronic communication device to send or receive text-based communications while operating a motor vehicle. Defines the term "text-based communication." Provides exceptions and for enforcement.

Last Event: Wednesday, December 09, 2009 - Referred to Transportation; Communications, Energy, and Public Utilities; Transportation and Economic Development Appropriations.
SB 374
State Uniform Traffic Control/Prohibits Texting Prohibits the use of electronic communication devices to send or receive text-based communications while operating a motor vehicle. Provides exceptions. Provides a penalty.

Last Event: Wednesday, December 09, 2009 - Referred to Transportation; Communications, Energy, and Public Utilities; Transportation and Economic Development Appropriations.
SB 482
Highway Safety Act [CPSC]: Provides legislative intent relating to road rage and aggressive careless driving. Requires an operator of a motor vehicle to yield the left lane when being overtaken on a multilane highway. Revises the number of specified acts necessary to qualify as an aggressive careless driver. Provides that a second or subsequent infraction as said driver requires attendance at a mandatory hearing, etc.

LAST EVENT: Wednesday, December 09, 2009 - Referred to Transportation; Health Regulation; Policy & Steering Committee on Ways and Means.
HB 875
Traffic Offenses: Provides criminal penalties for person who commits moving violation that causes serious bodily injury to, or causes or contributes to death of, person operating or riding in motor vehicle or operating or riding on motorcycle; requires that person pay specified fine, serve minimum period of incarceration, & attend driver improvement course; requires court to revoke person's driver's license for specified period; provides that act does not prohibit person from being charged with, convicted of, or punished for any other violation of law.

Last Event: Tuesday, Feburary 02, 2010 - Filed
SB 1578
Parental Authority: Provides that a motorsport liability release signed by a minor is valid if the release is also signed by the minor's parent or guardian. Authorizes natural guardians to waive and release, in advance, any claim or cause of action that would accrue to any of their minor children to the same extent that any adult may do so on his or her own behalf, etc.

LAST EVENT: Friday, January 29, 2010 - Filed








Non-Motorcycle Related Bills
filed for the 2010 Session as of 2-6-10

HM 19
Limiting the Scope and Exercise of Federal Power Urges Congress to honor provisions of U. S. Constitution & U. S. Supreme Court case law which limit scope & exercise of federal power.

Last Event: Thursday, October 01, 2009 - Now in Economic Development & Community Affairs Policy Council
HB 21
Regulation of Firearms Creates Florida Firearms Freedom Act; provides legislative findings & definitions; provides that specified firearms, firearm accessories, & ammunition for personal use manufactured in state are not subject to federal law or regulation; provides that importation into state of specified parts & incorporation of such parts into firearm, firearm accessory, or ammunition manufactured in state does not subject firearm, firearm accessory, or ammunition to federal regulation; provides that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce; provides that specified firearm accessories imported into state from another state do not subject firearm to federal regulation under interstate commerce; provides legislative findings with respect thereto; provides exceptions; provides applicability; requires that firearms manufactured & sold in state must bear indicia of manufacture by specified date.
Last Event: Thursday, October 01, 2009 - Now in Civil Justice & Courts Policy Committee
HJR 37
Health Care Services Proposes creation of s. 28, Art. X of State Constitution to prohibit laws or rules from compelling any person, employer, or health care provider to participate in any health care system; permit person or employer to purchase lawful health care services directly from health care provider; permit health care provider to accept direct payment from person or employer for lawful health care services; exempt persons, employers, & health care providers from penalties & fines for paying or accepting direct payment for lawful health care services; permit purchase or sale of health insurance in private health care systems; & specifies what amendment does not affect or prohibit.
Last Event: Thursday, October 01, 2009 - Now in Health Care Regulation Policy Committee
SM 96
Exercise of Federal Power Exercise of Federal Power [SPSC]: Urges the Congress of the United States to honor the provisions of the Constitution of the United States and United States Supreme Court case law which limit the scope and exercise of federal power.
Last Event: Wednesday, February 03, 2010 - Now in Rules
SB 98
Regulation of Firearms Regulation of Firearms: Creates the Florida Firearms Freedom Act. Provides that specified firearms, firearm accessories, and ammunition for personal use manufactured in the state are not subject to federal law or regulation. Provides that certain basic materials are not subject to federal regulation of firearms, firearm accessories, or ammunition under interstate commerce, etc.
Last Event: Wednesday, December 09, 2009 - Referred to Criminal Justice; Judiciary; Rules
SM 178
Tenth Amendment/Constitution of the United States: Urges the Congress of the United States to cease and desist from certain mandates that are prohibited by the Tenth Amendment to the Constitution of the United States. Demands that certain federal legislation be prohibited or repealed.
Last Event: Friday, November 06, 2009 - 11/06/09 S Withdrawn prior to introduction

Update on the bikers v. Myrtle Beach Supreme Court case

This word came in from Don A. on Thursday:

I'm just in from Columbia and the Supreme Court! The Myrtle Beach legal team has gotten a good spanking today by our Supreme Court and the Mcgrath Law firm. The Court was very engaged and had many questions for the Myrtle Beach folks as to what their intent was with the helmet and other ordinances and quite frankly they admitted they just wanted bikers and the rallys to go away! Many of the Justices were rather comical about the ham handed efforts of the City to halt the rallies and in their attempt to argue unsound judgment only made their case more laughable to those in attendance. While we all expect the court to take due time to decide the merits of the case i would be surprised withany decision that dosent land 100% in favor of Freedom!
Myrtle Beach would have better served itself and its citizens if they had enforced existing laws and ordinances and put forth some honest effort to work with the biker community! More to follow! don

Press Release

Contact:David "Lockdown" Rich Public Relations Trustee, ABATE of Florida, Inc.
(386) 490-4821, FAX: 386-490-4482

FOR IMMEDIATE RELEASE:

ABATE of Florida, Inc. Questions the Impact of a
National Health Care Requirement on Motorcyclists
Deland, FL, February 1, 2010 - The past few weeks have shown many changes in the political landscape of Health Care Reform, and how the various members of the US Congress intend on voting on this issue. Many may have thought that this is now a non-issue after recent election results, but in last week's State of the Union Address President Obama said he fully intends to introduce his over 1,000 page Health Care Reform Bill once again. Although there are many important issues to consider when reviewing this huge Bill, one should rise to the top when looking at how it concerns motorcyclists across the USA: the possible requirement to purchase healthcare and if a motorcyclist involved in a crash would even be covered.

Recently, the American Motorcyclist Association (AMA) reminded us that "there is precedent for us to be concerned with regarding any health care legislation coming from Washington. For example in 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) that was intended to ensure non-discrimination in health coverage in the group market. However, when it came to implementing the law, the Department of Labor, the Internal Revenue Service and the Health Care Financing Administration - now the Centers for Medicare and Medicaid Services - issued a rule allowing insurers to deny health benefits for an otherwise covered injury that results from certain types of recreational activities, such as skiing, horseback riding, snowmobiling or motorcycling."

If the US Congress adopts the current Massachusetts-type plan, U.S. citizens will be required to purchase health insurance. If not purchased, they will be FINED each year. With the fact that insurers can and do deny health care coverage for necessary medical care resulting from motorcycle accidents and other "recreational activities", everyone should be concerned. This could result in motorcyclists being required by law to purchase health insurance that won't cover them if they are involved in a motorcycle-related crash, regardless of who is at fault.
ABATE of Florida, Inc. asks the elected officials in Washington, D.C. to READ the ENTIRE BILL and fully understand how it will affect their constituents. Further, we ask that should a Health Care Reform Bill become law, all elected officials be required to partake in this Health Care Reform, instead of using their private, tax-payer-paid-for health insurance, the same one that average citizens are banned from.
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With almost 8,000 members, ABATE of Florida, Inc. is Florida's largest Motorcyclists' Rights Organization, and the fourth largest nationwide. Our missions include educating the public about motorcycle awareness and continuing to fight in Tallahassee for the rights of every motorcyclist and the public in general. To aid in these ends, we have an exclusive lobbyist and have founded the Motorcycle Safety and Awareness Program, both with the intentions to help make the roads safer for everyone.