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karen · Easyrider Joined: 23 Jan 2009 Posts: 55

NY legislation 5-29-09

Gang related: no updates
Helmet related: no updates

MOTORCYCLE RELATED

Bill number: A01933/S 1298 UPDATE
Assembly Sponsor: Lupardo
COSPNSR Canestrari, DelMonte, Schroeder, Espaillat, Magee, Carrozza, Hawley
MLTSPNSR Boyland, Brennan, Cook, Crouch, Destito, John, Latimer, Lopez V, Markey, McEneny, Miller, Pheffer, Pretlow, Sweeney, Titus, Weisenberg
Senate Sponsor: Dilan
Amd S423-a, V & T L

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.
Assembly status: 01/14/2009 referred to transportation
02/24/2009 reported referred to codes
02/25/2009 reported referred to ways and means
05/05/2009 reported
05/07/2009 advanced to third reading cal.511
Senate status: 01/28/2009 REFERRED TO TRANSPORTATION
*On Transportation agenda Tuesday June 2, 2009
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RIGHTS RELATED

Bill Number: A07183A /S04753A UPDATE
Assembly Sponsor: Englebright (MS)
COSPNSR Schimel, Paulin, Jaffee, Eddington, Espaillat, O'Donnell, Hooper
MLTSPNSR Glick, Greene, McEneny
Senate Sponsor: SERRANO
Add S13.31, Pks & Rec L

Prohibits the possession of concealed firearms in any park, campground or other recreation area; imposes a civil penalty of not more than $1,000 for a violation thereof.
Assembly status: 03/25/2009 referred to tourism, arts and sports development
04/22/2009 amend and recommit to tourism, arts and sports development
04/22/2009 print number 7183a
05/20/2009 amend and recommit to tourism, arts and sports development
05/20/2009 print number 7183b
05/27/2009 reported referred to codes
Senate status: 04/27/2009 REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
05/20/2009 AMEND AND RECOMMIT TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
05/20/2009 PRINT NUMBER 4753A
* On Cultural Affairs, Tourism, Parks and Recreation agenda Thursday June 4, 2009
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FEDERAL

Anti-Gang Task Force Act of 2009 (Introduced in House) NEW

HR 2541 IH
Title: To provide funding for multi-jurisdictional anti-gang task forces.
Sponsor: Rep Dent, Charles W. [PA-15] (introduced 5/21/2009) Cosponsors (2)
Latest Major Action: 5/21/2009 Referred to House committee. Status: Referred to the House Committee on the Judiciary.
To provide funding for multi-jurisdictional anti-gang task forces.

IN THE HOUSE OF REPRESENTATIVES
May 21, 2009

Mr. DENT (for himself, Mr. BILBRAY, and Mr. GERLACH) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To provide funding for multi-jurisdictional anti-gang task forces.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Anti-Gang Task Force Act of 2009'.

SEC. 2. ASSISTANCE FOR MULTI-JURISDICTIONAL ANTI-GANG TASK FORCES.

(a) In General- The Attorney General, in consultation with appropriate State and local officials, shall--

(1) establish anti-gang task forces, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal gangs and offenders;

(2) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each task force;

(3) provide all necessary funding for the operation of the task force; and

(4) provide all necessary funding for national and regional meetings of task forces, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence, best practices and for any other related purpose.

(b) Membership- The task forces shall consist of agents and officers, where feasible, from--

(1) the Federal Bureau of Investigation;

(2) the Drug Enforcement Administration;

(3) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(4) the United States Marshals Service;

(5) the Directorate of Border and Transportation Security of the Department of Homeland Security;

(6) the Department of Housing and Urban Development;

(7) State and local law enforcement; and

( Cool

Federal, State, and local prosecutors.

(c) Authorization of Appropriations- There are authorized to be appropriated $20,000,000 for each of the fiscal years 2009 through 2012 to carry out this section.
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NEWS

www.timesjournalonline.com/details.asp?id=22048
Last Am-Jam for Cobleskill?

5/20/2009
By Jim Poole

Motorcycles have roared into Cobleskill for Am-Jam over Memorial Day weekend for more than two decades, and they’ll do so again this Friday.

But it’s likely to be the last Am-Jam in Cobleskill.

Organizer Jean Aldus is fed up with State Police roadblocks and what she described as a general lack of community support.

“This is going to be the last one,” she said. “I’m tired of the whole thing.”

Am-Jam brings several thousand motorcyclists to the Cobleskill Fairgrounds for a couple of days of partying, bike-related contests, music and socializing.

For the most part, Am-Jam’s been quiet event––except for the bikes on the road––for its 25 years. Most arrests have been for minor infractions.

There have been checkpoint roadblocks every year, but they were stepped up last year because of a statewide effort to increase motorcycle safety, according to Captain William Gavitt of Troop G of the State Police.

Ms. Aldous contended that because of the roadblocks, attendees rarely leave the Fairgrounds during Am-Jam, and local businesses lose out on their buying power.

She hoped local business groups would lobby State Police to lessen the pressure, but, Ms. Aldous said, that apparently hasn’t happened.

“Nobody stood behind us,” she said.

A sharp increase in motorcycle fatalities triggered the safety drive last year, Captain Gavitt said, and it will continue this year.

“We do it every time there’s a large motorcycle gathering,” he said. “We want to make sure everyone is operating safely and is up to code.”

It’s true that occasionally troopers made arrests for someone who’s wanted by police or carrying weapons or illegal substances, but those aren’t the purposes of the roadblocks, Captain Gavitt maintained.

“Our focus is on safety,” he said.

But Ms. Aldous argued that it’s more hassling than safety oriented.

“They can’t justify to me what they’re doing,” she said.

Ms. Aldous praised Cobleskill Police Chief Mike O’Brien for his cooperation, adding that State Police were the problem.

She argued that troopers put less pressure on other motorcycle gatherings, such as the Harley Rendezvous or Americade.

“We have several details at those. Hers is one of the larger gatherings,” Captain Gavitt responded.

Although Ms. Aldous claimed this would be the last Am-Jam in Cobleskill, she may move it elsewhere next year.

“The police have killed it for us,” she said. “Cobleskill just isn’t the place, I guess.”
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www.yumasun.com/news/reflective-50303-marine-longer.html

Marine motorcyclists welcome elimination of reflective vest regs
May 25, 2009 - 3:27 PM
BY LANCE CPL. GRAHAM J. BENSON, SPECIAL TO THE SUN

The Marine Corps will no longer require Marines to wear reflective vests and other brightly colored clothing when riding motorcycles.

The change comes under the guidance of Gen. James Amos, assistant commandant of the Marine Corps, and other members of the Executive Safety Board, in an effort to keep motorcycle requirements in line with subject-matter expert feedback.

According to the station safety department, no evidence has been found that the reflective vests prevent accidents or increase rider safety.

“If the science doesn’t support it, we need to go back and revisit the rules and make sure that what we are creating is an environment where what we are requiring works,” said Peter Hill, the Corps’ senior safety engineer.

With the elimination of clothing color requirements, judgment calls by the provost marshal personnel at the gate over whether or not clothes are bright enough, which have been a consistent point of contention for riders, will no longer be an issue, said Brian Lindstrom, station ground safety manager.

All other previous PPE requirements such as helmet, eye protection, full-fingered gloves, over-the-ankle, hard-soled footwear, long sleeves and trousers are still in effect and have not been modified.

The ESB also encouraged installations across the Corps to examine their current motorcycle PPE requirements and eliminate those that have not been proven effective.

Soon there will be a uniform set of requirements regarding proper motorcycle PPE for all installations across the Corps, said Lindstrom.

With summer heat approaching here, some Marines are glad to see the change.

“I was a little bummed I just spent 60 bucks on a vest. It will be nice not having to wear one this summer though. Every little bit helps in the heat,” said Maj. John Ryan, Marine Aircraft Group 13 department of safety and standardization officer and motorcycle rider.

-Reprinted from The Desert Warrior, the newspaper of the Marine Corps Air Station.
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http://www.amadirectlink.com/news/story.asp?id=924

AMA urges state attorneys general to join stay of enforcement of lead law
Posted May 28, 2009
The AMA is asking supporters of off-highway motorcycle and all-terrain vehicle (ATV) riding to contact their state attorney general and ask that it follow the lead of the Consumer Product Safety Commission (CPSC) to help protect children by staying enforcement of the youth-model motorcycle and ATV ban in the Consumer Product Safety Improvement Act (CPSIA).

The AMA holds that this law, if enforced by state attorneys general, may force children to ride full-size motorcycles and ATVs -- which can be too large for them to handle safely -- if youth models aren't available. Nancy Nord, acting chairwoman of the CPSC, shares that concern.

"(The) application of the lead-content mandates of the CPSIA to the products made by the petitioners may have the perverse effect of actually endangering children by forcing youth-sized vehicles off the market and resulting in children riding the far more dangerous adult-sized ATVs," Nord said in a statement issued on April 3.

The CPSC voted on May 4 to delay enforcement of the CPSIA with respect to youth-model motorcycles and ATVs. The stay of enforcement extends through May 1, 2011.

Nord has said that she hopes state attorneys general, who also enforce consumer protection laws, will follow the CPSC action and use restraint because, according to Nord, "enforcement discretion is an important tool that is needed to reach thoughtful and effective outcomes that enhance consumer safety."

To get clarification on the issue, Ed Moreland, AMA vice president for government relations, on May 5 wrote a letter to James McPherson, executive director of the National Association of Attorneys General, asking whether state attorneys general would enforce the law in light of Nord's comments.

Moreland's full letter can be found at the following link: AmericanMotorcyclist.com/legisltn/AMA_Letter_Naag.pdf .

In a response dated May 8, Dennis Cuevas, project director and counsel at the National Association of Attorneys General, told Moreland that the association hasn't taken a position on enforcement of the lead law. Cuevas wrote that the attorney general of each state would need to be contacted to learn their positions.

Cuevas' full response can be found here: AmericanMotorcyclist.com/legisltn/Naag_response.pdf .

"We need to know the positions of the state attorneys general nationwide," Moreland said. "We also need to let them know the importance of family motorized recreation, and that whatever minute amounts of lead are in motorcycle and ATV parts pose no hazard to children.

"The state attorneys general also need to understand that enforcing this law could be very dangerous for children because it could force them to ride machines that are too large and powerful for them," Moreland said.

The CPSIA was designed to protect children from lead in toys that might easily end up in children's mouths. But the law was written so broadly that it also impacted children's books, clothes, bicycles, motorcycles and ATVs.

As a result, the CPSIA -- which took effect in February -- stopped the sale of dirt bikes and ATVs designed for children age 12 and under. Under the law, all youth products containing lead must have less than 600 parts per million by weight. The CPSC has interpreted the law to apply to various components of youth-model motorcycles and ATVs, including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold.

The easiest way to contact a state attorney general is to go to the "Rights" section of this website, and then click on the "Issues & Legislation" button. From there, the name and address of a state attorney general can be found so that a letter can be sent asking whether the attorney general's office plans to follow the direction of the CPSC. To send a pre-written e-mail, just click here: http://capwiz.com/amacycle/issues/alert/?alertid=13394176 .

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