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karen · Easyrider Joined: 23 Jan 2009 Posts: 55

NY legislation 6-12-09

Motorcycle related: no update
Gang related: no update

HELMET RELATED

Bill number: A01453A [No same as] UPDATE
Assembly Sponsor: Wright
COSPNSR
Amd S18-105, Gen Ob L

Prohibits a skier from skiing in any area unless he or she is wearing a protective helmet; applicable to skiers between one and fourteen years of age; keeps alive a cause of action for those who have failed to comply with such provisions.
Assembly status: 01/07/2009 referred to judiciary
06/08/2009 amend (t) and recommit to judiciary
06/08/2009 print number 1453a
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RIGHTS

Bill Number: A06468B [No same as] UPDATE
Assembly Sponsor: Schimel (MS)
COSPNSR Englebright, Eddington, Paulin, Benedetto, Dinowitz, Lancman, Hoyt,Clark, Boyland, Jaffee, Kellner, Carrozza, Brook-Krasny, Rosenthal, O'Donnell, Alessi, Espaillat, Lavine, Kavanagh, Lifton, Aubry, Alfano
MLTSPNSR Bing, Colton, Cook, Glick, Gottfried, Heastie, Hooper, Jacobs, Jeffries, Maisel, McEneny, McKevitt, Nolan, Peoples, Pheffer, Robinson, Saladino, Scarborough, Towns, Weisenberg
Amd SS265.00, 265.10 & 265.15, add SS265.38 & 265.39, Pen L

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement.
Assembly status: 03/04/2009 referred to codes
04/21/2009 reported
04/23/2009 advanced to third reading cal.402
04/28/2009 passed assembly
04/28/2009 delivered to senate
04/28/2009 REFERRED TO CODES
06/03/2009 recalled from senate
06/04/2009 vote reconsidered - restored to third reading
06/04/2009 amended on third reading 6468a
06/08/2009 amended on third reading 6468b
[Text removed:
1. FOR ANY PERSON, ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, TO
43 MANUFACTURE OR CAUSE TO BE MANUFACTURED IN THIS STATE A SEMIAUTOMATIC
44 PISTOL, UNLESS SUCH PISTOL IS MICROSTAMP-READY ]

Bill Number: S4397A [No same as] UPDATE
Senate Sponsor: SCHNEIDERMAN
COSPNSR BRESLIN, ADAMS, ADDABBO, DIAZ, DILAN, DUANE, ESPADA, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, KLEIN, KRUEGER, KRUGER, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SAVINO, SERRANO, SQUADRON, STAVISKY, STEWART-COUSINS, THOMPSON, ADAMS
Amd SS265.00, 265.10 & 265.15, add SS265.38 & 265.39, Pen L

Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement.
Senate status: 04/22/2009 REFERRED TO CODES
06/02/2009 1ST REPORT CAL.572
06/03/2009 AMENDED 4397A
06/03/2009 2ND REPORT CAL.
06/04/2009 ADVANCED TO THIRD READING
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FEDERAL

H.R.2815 NEW
Title: To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to reform and facilitate prosecution of juvenile gang members who commit violent crimes, to expand and improve gang prevention programs, and for other purposes.
Sponsor: Rep Rooney, Thomas J. [FL-16] (introduced 6/10/2009) Cosponsors (2)
Latest Major Action: 6/10/2009 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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.
[Text is not available yet]
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NEWS

http://search.sys-con.com/node/994254

Proner & Proner File Suit Against N.Y.S. Police for Illegally Stopping Bikers
By Marketwire .

NEW YORK, NY -- (Marketwire) -- 06/08/09 -- Proner & Proner, Attorneys at law, have filed a Federal class action lawsuit in the Federal Court for the Northern District of New York against the New York State Police as well as New York State and county authorities to stop them from conducting motorcycle-only roadblocks near popular motorcycle events. Last year the New York State Police and county sheriffs stopped every motorcycle en route to twelve different events for "safety checks." With the riding season starting, the New York State Police expect to conduct up to fifteen motorcycle-only roadblocks throughout the state this year. The events targeted include Americade in Lake George, the largest motorcycle event in the Northeast.

Mitchell Proner, an active motorcyclist and personal injury attorney, is initiating the lawsuit on behalf of all motorcyclists. Mr. Proner said that the New York State Police "uses the pretense of safety inspections to delay and harass motorcyclists without any reasonable belief that any laws are being broken." Although courts have upheld DWI checkpoints as generally permissible, "These motorcycle roadblock stops are lengthy and do not address any legitimate safety concerns," according to Mr. Proner.
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www.northcountrygazette.org/2009/06/09/cycle_check/

135 Tickets Issued At Motorcycle Checkpoint
Posted on Tuesday, 9 of June , 2009 at 3:24 pm

Warren County saw a chance to increase their revenues as well as the state’s with Americade this past week and the three police agencies operating in the county teamed up to issue 135 traffic tickets at a recent motorcycle safety checkpoint.

According to Warren County’s “chief deputy” Shane Ross, the State Police, Warren County Sheriff’s Office and the Glens Falls Police Department worked together on joint motorcycle safety checkpoints on Friday, June 5 to coincide with Americade. The checkpoints utilized motorcycle units supported by patrol units from each of the three agencies.

The primary checkpoint was conducted on Interstate 87 at the northbound rest area at exit 18. A secondary checkpoint was conducted on Route 9 in the City of Glens Falls. The checkpoints were operated simultaneously.

The secondary checkpoint was planned this year after it was learned during the 2008 safety checkpoints that motorcyclists had become aware of the primary checkpoint and used Route 9 to avoid the checkpoint on Interstate 87.

According to Ross, 84 tickets were issued for unapproved helmets, 19 tickets for modified exhausts and 32 tickets for other Vehicle and Traffic Law violations.

In addition to the vehicle and traffic charges the New York State Police made four criminal arrests at the checkpoint on I-87, Ross said. 6-9-09
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www.reuters.com/article/bondsNews/idUSN1152029720090611

UPDATE 1-NY state Senate Democratic-GOP brawl continues
Thu Jun 11, 2009 4:48pm EDT

* NY senate Republicans meet but can't enact bills

* Judge rejects Democrat bid to block GOP from leadership

* NY AG Cuomo may probe why Democrats switched sides (Adds comments by governor and Cuomo, paragraphs: 11, 15-16)

ALBANY, June 11 (Reuters) - The New York state Senate's Republicans held a session on Thursday but could not enact any bills, as a leadership dispute with the Democrats showed no signs of letting up.

Democrats lost the first round in a court fight to block the GOP, who claim to have won leadership of the Senate after forcing a vote on Monday and winning over two dissident Democrats.

The political fight has left unresolved hundreds of bills affecting the finances of cities and towns around the state, from New York City's sales tax hike to the City of Yonkers extension of a real estate-linked tax. State bills on subjects ranging from gay marriage to a spending cap to pension reforms are also hanging.

Senate Republicans, who faced a gauntlet of shouts and shoves by protesters when they entered the chamber, say they won the leadership by a vote of 32 to 30 on Monday.

But the Democrats said their opponents violated state law by usurping their majority leader and broke Senate rules.

The tussle prompted blistering editorials and tabloid front covers, such as Tuesday's Daily News: "No End to the Shame."

One rebel Democrat, Senator Hiram Monserrate, was indicted for a felony assault. The other, Senator Pedro Espada, who becomes Senate President if the Republican coup holds, has paid costly campaign violation fines and is being probed over a non-profit group.

Supreme Court Judge George Cerisa of Troy on Thursday rejected the Democrats' motion for an injunction to stop their rivals.

"I don't have the power to issue a restraining order such as is being sought here," the judge said in a ruling broadcast by local cable TV station NY1.

A spokesman for Democratic Senate Majority Leader Malcolm Smith said the Democrats have now appealed to an Albany-based judge. The Democrats won control of the Senate in the November election for the first time in four decades.

Democratic Attorney General Andrew Cuomo might scrutinize what led the two Democrats to switch. Asked about investigation requests from both parties, Cuomo told reporters he had not heard that Republicans had contacted his office, but added: "We have had discussions about possible allegations of wrongdoing and this office will proceed as we deem appropriate."

The Republican coalition showed signs of fraying as one of the two Democrats declined to vote.

Monserrate, noting there was nothing to vote on because the Democrats refused to release the legislation, called bill jackets, left the chamber, saying he wanted to recruit more Democrats to cross party lines.

His fellow rebel, Espada, said that in a telephone call Governor David Paterson acknowledged him as Senate President and Republican Senator Dean Skelos as Majority Leader.

However, a spokeswoman for the Democratic governor said Espada was incorrect. "He spoke with Espada but did not acknowledge him as the new senate leader," she said by email.

"The governor still recognizes the Democrats as the majority party...and urges the Senate to work it out and get back to the people's business," she said. (Reporting by Elizabeth Flood Morrow in Albany and Joan Gralla in New York; Editing by Chizu Nomiyama)

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