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March 17, 2003

HEALTH CARE BILL NEEDS MOTORCYCLISTS' SUPPORT
S. 423, the "Health Care Parity for Legal Transportation and Recreational Activities Act" introduced in Congress by Senators Russ Feingold (D-WI) and Susan Collins (R-ME), would prohibit health insurance providers from denying benefits to injured motorcyclists.

In recent years, some insurance companies have refused to provide coverage for insureds involved in motorcycle accidents or other so-called "risky" activities such as skiing, horseback riding, snowmobiling, off-road biking and ATV riding. Bikers and Motorcycle Rights Organizations worked hard during the mid-90's to convince Congress to include language in the Health Insurance Portability and Accountability Act of 1996 to bar insurers from denying coverage to injured riders, but a loophole in HIPAA allows insurers to continue the discriminatory practice.

S. 423 would "promote health-care coverage parity for individuals participating in legal recreational activities or legal transportation activities," by closing the loophole and prohibiting employers from refusing to cover motorcycle related injuries in the health care coverage they provide their employees.

Help end health insurance discrimination by urging your U.S. Senators to support the Feingold-Collins bill and to sign on as a co-sponsor to S. 423. You can contact your Senators at (202) 224-3121 or locate them on the web at www.senate.gov.

LOUISIANA PUSHES PASSENGER HELMET LAW
Go tell yer ol' lady that the state of Louisiana wants to put a helmet on her head whenever she's riding on the p-pad, then write to their House Transportation Committee to let them know her reaction!

"Most of the people who like to ride on the back of scooters enjoy the freedom we have in Louisiana as much as the riders in the front," said Steve Howardell, Legislative Coordinator for ABATE of Louisiana. "This bill is the first step in eroding our hard fought freedom in the Pelican State and the first step in repealing SB-86 which granted us our right to choose in 1999."

This bill, HB-41, if passed will require passengers on all motorcycles, regardless of age, to wear a helmet at all times in Louisiana.

"We need to fight back," says Howardell. "Write your legislators and let them know that we, the 86,000 strong registered riders of Louisiana, their passengers, their friends and family will not go backwards. We are a voting block to be reckoned with and we will stand together!"

In the meantime, the state of Rhode Island is considering repealing their passenger helmet law, the only such law on the books in the United States. HB-5503 would remove the passenger helmet requirement, and was heard recently in the House Health, Education & Welfare Committee. "The Rhode Island Motorcycle Association testified in favor of the bill, and it looked pretty good," said Jeff Barone, President of RIMA and a member of the National Coalition of Motorcyclists (NCOM) Board of Directors.

"My advice will be to get a woman who rides her own bike as well as on the back of her old man's, and have her ask the committee members 'Why do I need to wear a helmet based on where I sit on the bike?'," said Barone.

"Many of us worked long hard hours drafting this legislation and we need to show our elected officials that this is important to us, and it's something we all believe in; Freedom of Choice," he said.

WASHINGTON'S "HELMET IS A HELMET" BILL
PASSES SENATE
A helmet definition bill passed the Washington State Senate on March 11 by a vote of 44-3, and would redefine the law to state that a helmet is a hard shell with a padded liner, a chin strap, and a DOT sticker affixed by the manufacturer.

For those of you who haven't been following along, Washington police currently have the latitude to define a helmet by their opinion, leading to thousands of traffic stops for "illegal" helmets with no recourse for the rider," explained Rich Bright, Chairman of the ABATE of Washington Legislative Affairs Committee. "I took my 100% legal beanie to court and lost based solely on the opinion of the officer, even though I demonstrated that it was legal under federal and state law."

SB-5335 would define what a "motorcycle helmet" is. "This bill would say that a helmet is a helmet and that the police couldn't pull people over to inspect helmets anymore. It pretty much says that if a helmet has a hard outer shell and a chin strap you are good to go," says Bright.

The bill now goes over to the House of Representatives. Washington residents can contact your State Representatives by calling 1-800-562-6000.

ARKANSAS DERAILS HELMET LAW REINSTATEMENT
In 1996, Arkansas became the first state to repeal its helmet law following the repeal of the national helmet law, but HB 1024 would have restored their universal helmet law. ABATE of Arkansas and the Lobbyist for the Arkansas Motorcycle Dealers Association presented such a strong case against this bill during hearings in the Public Transportation Committee that the bill died without a vote being taken. Way-2-Go Arkansas! The bill is now officially dead, and ABATE vows to watchdog their State Legislature to ensure it doesn't get revived or amended into another piece of legislation.

"ODD" ACCIDENTS OUTNUMBER MOTORCYCLE FATALITIES
According to the National Safety Council, more people were killed in "odd" accidents than on motorcycles in 1999, points out Joe "Cowboy" Dickey. "Of those who might have survived with a helmet, stair walkers led the list," stated Cowboy, former State Coordinator for ABATE of Pennsylvania and a member of the NCOM Board of Directors.

Check these killers out:
* Bitten by a dog (25)
* Stung by a hornet, wasp, or bee (43)
* Scalded to death by hot tap water (51)
* Struck by lightning (64)
* Occupant of commercial bus or train (116)
* Drowned in a bathtub (320)
* Accidentally suffocated or strangled in bed (330)
* Fell off of a ladder (375)
* Fell down stairs or steps (1,421)

2.5 MILLION MOTORCYCLISTS PASS RIDER ED
More than 2.5 million motorcyclists have received a proper start to riding or boosted their existing skills during 30 years of operation of the Motorcycle Safety Foundation (MSF). Since 1973, MSF has worked to promote the safety of motorcyclists on American streets and highways, through rider education, training and public information programs. Both today and for the past three decades, most of the motorcycle training courses in states across the country offer only the highly regarded MSF RiderCourses. MSF released its first rider training curriculum in 1974. At the 3rd International Motorcycle Safety Conference in 2001, MSF introduced the Basic RiderCourse (BRC) now used in 47 states, most of which were legislated due to the efforts of State Motorcycle Rights Organizations nationwide.

LEGISLATORS RAID UTAH RIDER ED FUND
On Tuesday, Feb 18th, 2003, the Utah Executive Appropriations Committee moved to take funds from the account reserved for Motorcycle Rider Education and spend it on the states budget. This move could end affordable rider training in Utah, according to Chris Bojanower, former State President of ABATE of Utah.

During the Executive Appropriations meeting, Senator D. Chris Buttars (R-Salt Lake) told the committee that, "We have received about 200 calls from a bunch of bikers, we took their money?you will receive calls from them too, IGNORE THEM, it's just a little training fund and we took it."

"Needless to say, we were livid!," said Lisa Bargar Vlahos of Weber Chapter ABATE, who attended the hearing and later told Senator Buttars, "Senator, you told the Appropriations Committee that you got about 200 calls from a bunch of bikers, that they would get calls too and just IGNORE THEM! Senator, you DIDN'T get calls from a bunch of bikers. You got calls from 200 REGISTERED VOTERS! From 200 TAXPAYERS, what kind of elected official are you to say 'IGNORE THEM'?!!"

This "little training fund" was created by motorcyclists, for motorcyclists and has never cost the non-motorcyclist citizens of Utah one cent in its 10 years of operations, claims ABATE. "It has trained well over 3,000 new motorcyclists in Utah and many motorcyclists attribute the declining motorcycle death rate in Utah to this program, at a time when national fatality rates are soaring," said Bojanower.

So what can be done now? "Every motorcyclist in Utah MUST contact their legislators now and request that the Education Program be saved and that the money be restored to the program and never raided again," urges Bojanower.

Utah State Senators can be contacted at (801) 538-1035, and State Representatives can be contacted at (801) 538-1029. Also, information about legislators can be found on the web at
http://www.le.state.ut.us/

HEARINGS HELD ON BIKER PROFILING
Washington State recently held hearings on House Bill 2002, "AN ACT Relating to preventing the use of law enforcement profiling on the basis of whether a person is riding a motorcycle or wearing motorcycle-related paraphernalia; and adding a new section to chapter 43.101 RCW."

"This bill is currently running through the House to help start the discussion, and gain physical proof that profiling happens," said ABATE legislative coordinator Rich Bright. "This will hopefully lead to a Biker Anti-Discrimination Bill."

HB 2002 was heard in the House Criminal Justice & Corrections Committee, and states in part:

(1) Local law enforcement agencies shall:
(a) Adopt a written policy designed to condemn and prevent motorcycle profiling;
(b) Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster the practice of motorcycle profiling;
(c) Institute training to address the issues related to motorcycle profiling. Officers should be trained in how to better interact with persons they stop so that legitimate police actions are not misperceived as motorcycle profiling; and
(d) Work with the motorcycle groups in their communities to appropriately address the issue of motorcycle profiling.

The bill also calls for the Washington Association of Sheriffs and Police Chiefs to coordinate with the criminal justice training commission to ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered in regional training for in-service law enforcement officers at all levels."

HB 2002 defines "motorcycle profiling" as using the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the United States Constitution or the Washington state Constitution."

TEXAS BIKERS "LOOKING FOR JUSTICE
Hundreds of Texans, usually as part of special interest groups, descend on the state Capitol every day when Texas lawmakers are in session, according to a March 2 story in the El Paso Times. "Most have rallies outside the Capitol to champion support and funding for their cause. El Paso bikers recently came to Austin looking not for more money but simply a little more justice. They joined an estimated 3,000 other motorcyclists to push issues important to them, such as fair insurance, equal access to hotels and other business establishments and increased penalties for automobile drivers who fail to yield to bikers," writes Gary Scharrer in his article.

El Paso's Armando "Mando" Parra showed up in a wheelchair after back surgery less than a week earlier. "It's important enough for me to be here," Parra said. "We get discriminated every day. There are nightclubs that won't allow us in because you wear colors or because you ride motorcycles. Or a motel will see you ride up and say there's no vacancy when there really is a vacancy."

Parra is chairman of the West Texas Confederation of Clubs, chairman of the Coalition of Motorcycles in El Paso, vice chairman of the Texas Motorcycle Rights Association and secretary-treasurer of the Banditos Motorcycle Club in El Paso.

"We have been working our Equal Access Bills and have over 2/3 of both Houses signed on to vote yes. That is a veto proof majority," says Sputnik, TMRA-II Founder and member of the NCOM Legislative Task Force. "Now if they just stand fast."

Texas State Rep. Norma Chavez, a motorcyclist herself who is better known by her road name "Da'Lady", has, as a member of TMRA-II, introduced HB 931 to set a minimum sentence of 30 days in jail for injuring or killing someone while failing to yeild. "I have spent the last week just getting the House familiar with this Bill, and we already have 1/3 of the House signed on to vote yes," according to Sputnik.

In addition, "We got our insurance Bill introduced today, and it is a triple edged sword," explains Sputnik. It states a health care plan may not:
(1) exclude a person engaged in dangerous activities from coverage for health benefits under the plan;
(2) consider the activity as a risk factor in determining the person's premium under the plan;
(3)exclude coverage for health benefits for injuries sustained as a result of engaging in the activity.

Sputnik said lawmakers have learned to expect the bikers at the Capitol, who believe they have just as much say as high-paid lobbyists. "This is our way of trying to push for some good government," Sputnik told the newspaper. "Needless to say, we have our plates full this session."

TENNESSEE BIKERS HOPE TO MAKE SOME CHANGES
Another state with its hands full this legislative session is Tennessee, where the Concerned Motorcyclists of Tennessee/ABATE is actively supporting numerous pieces of legislation, including two companion helmet repeal bills in the House and Senate (HB0952 / SB0861), companion Stop Light Bills to allow motorcyclists to proceed through a non-functioning traffic signal (HB1054 / SB1200), bills to allow the use of pulsating brake lights (HB1819 / SB1765), biker anti-discrimination bills (HB1899 / SB1863), bills to create an off-highway motor vehicle program (HB1568 / SB0875), and a Senate Joint Resolution to designate May as "Motorcycle Awareness Month" (SJR0104).

"Each of these bills will afford motorcyclists in Tennessee to practice their choice of transportation/recreation with more freedom and enhanced safety and enjoyment," said Steve Lundwall, State Director of CMT/ABATE and a newly elected member of the NCOM Board of Directors.

Tennesseans can contact their state legislators by calling 1-800-449-8366 and following the menu, or via the Internet at
http://www.legislature.state.tn.us/

"All Tennessee Motorcyclists need to speak up now," Lundwall advises. "Only you can make the choice to make a change."

VIRGINIA RIDERS LOBBY FOR SAFER ROADS
"Virginia motorcyclists want legislators to make state roads safer for them, and they'll lobby in dramatic fashion," states an Associated Press article sent over the wire services on January 20, 2003.

Virginia Motorcycle Lobby Day saw riders roaring into Richmond to demonstrate their support for proposed legislation involving motorcycle safety. A key bill involves a proposal to require signs on Virginia roads where roadway conditions or construction methods pose safety threats to motorcycles. The Virginia Coalition of Motorcyclists contends that roadway construction sites are routinely not marked to alert riders to hazards.

"We're dedicated to safe motorcycling," said Tom McGrath, VCOM Founder and Aid to Injured Motorcyclists (AIM) Attorney for Virginia. "This bill is about creating a safer environment to ride in."

ABATE OF SOUTH DAKOTA NEEDS HELP GETTING
LAW CHANGED
ABATE of South Dakota is trying to get a law changed, and could use some out of state help. This law affects all riders that travel to Sturgis, and is unfair.

The handlebar height limit in SD is strictly enforced -- particularly during Sturgis Bike Week, and ABATE of SD is working to get it changed. "One argument used is that in other instances, if a vehicle is legal in its home state, it is legal for temporary use in another state," says ABATE. "Yet, South Dakota tags out of state visitors for an equipment violation that could be legal in the tourist's home state. Reciprocity on legal motor vehicle equipment could help South Dakota tourism, image, and revenue."

ABATE of South Dakota is requesting assistance from out of state riders to help convince their legislature that this is an issue people are concerned about and it needs to be addressed.

"If any non-resident actually gets a ticket for handlebar height violations, we need to know," said Al Luze, editor of ABATE of South Dakota?s newsletter, "Freedom Flyer." "We are planning to discuss this issue with the highway patrol, and with any luck, this coming summer we may be able to at least keep the state cops from harassing out of state riders. We will keep you updated."

To help, please send letters to:
Letters to the Editor
ABATE of South Dakota "Freedom Flyer"
3441 Goldenrod
Sioux Falls, SD 57110
or email to: freeflyr@sio.midco.net

WEIRD NEWS OF THE MONTH:
Biker Sculpture To Slow Down Speeders In the town of Basalt, Colorado, on Old Highway 82 on the road to Aspen, is a "ham-fisted fellow [who] stands about 7 feet tall, sports tattoos on both arms and looks intimidating, despite the toothy smile. His vest is too small to cover his white pasty belly. Across his chest are the words, 'Slow down'," reports the Aspen Times.

The town with a population of 65 residents commissioned a number of statues besides the biker dude, including a pirate, giraffe and giant sunflower, to be used as "traffic calming" devices. The sculptures were designed and built by students of Basalt High School. Residents were concerned about motorists speeding through the town, but a tight budget ruled out speed bumps. The art, built for a couple hundred bucks and the students handiwork is hoped to solve the problem.

QUOTABLE QUOTES: "There is nothing to take a man's freedom away from him, save other men. To be free, a man must be free of his brothers."
AYN RAND, Russian born novelist & philosopher (1905 - 1982)