Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
~ Southwest Chapter
Volume XLVI, Issue IV
NOVEMBER 2011
Presidents Message Renewals Events Minutes Membership Report Calendar Legislative Report
Southwest Chapter
City, State, Zip Code ________________________________________________________ Email Address: Phone: ____________________________________________ _______________________________ (Include Area Code) YES NO YES NO _________ US Congress
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Please Lister your voting districts from your Voter Registration Card: _________ FL Senate
____ Transfer Membership to: ____________________________________________________ ____ Change of Address: ________________________________________________________ Signature __________________________________________________ Date: ____________ Sponsored by Chapter Member : _________________________________________________ _____________________________________________________________________________ CHAPTER USE Dues Paid by Cash Copy of By Laws Membership Expiration Check Money Order Mailed Date: Membership Card _________________________ _________________________ _________________________
Memberships are open to anyone 18 years of age or older All members receive with their paid membership a membership card, our bi-monthly Masterlink magazine, Chapter Newsletter, Chapter voting privileges and personal involvement in Statewide legislative actions and their freedom to ride
SOUTHWEST CHAPTER OF ABATE OF FLORIDA, INC. PG. 2
Southwest Chapter Meeting Schedule November 27th, 2011 @ 10 a.m. @ Anthonys on the Blvd
Located at
PRESENTLY, MEMBER MATERIAL DEADLINE IS THE WEDNESDAY BEFORE EACH CHAPTER MEETING FOR BOARD APPROVAL FOR SUBMISSIONS
NEW ADVERTISERS OR AD CHANGES MUST
BE SUBMITTED BY THE
http://southwest.abateflorida.com/
Presidents Message
perform our function with the MSAP program. Any suggestions to raising funds is welcome. We have moved our Chapter bike night back to Victory Lane Caf. Come on by and meet some new as well as old friends. Our Safety and Products booth is always set up and the food Another month gone by and another month and staff at Victory Lane is always great. closer to our Christmas run. I would like to take this opportunity to ask all of you to help Wednesday Nights 6 10. Look for our 3rd support this run. We need donations and rid- Wednesday event night which will be starting ers for this event. Please consider asking for a up in January. small donation to this cause to fund this event. The Vets are requesting toiletries and I am proud to be an ABATE member and I socks and whatever you feel would make put am more proud to serve as the President of a smile on someones face. Donations made the Southwest Chapter. I strive to do my best communicating with you and listening to conby check can be made out to Southwest cerns from all. I have a great Board of DirecChapter, ABATE OF FLORIDA, tors working alongside of me and as most of INC.. Again, please help support this run with your participation. My phone is always you can see, we are growing. If you have a concern, I encourage you to bring it to a the best way to contact me with any quesBoard meeting rather than disrupt a chapter tions, 239-989-3349. meeting with half a story. If you have a quesAt the October Chapter meeting, Rich Mocny tion, concern, complaint or praise, please feel raised a cost concern over travel to and from free to call me, 239-989-3349. the MSAP classes throughout Lee County. We will Lobby and Educate the Government Your Board of Directors are looking into and General Public to Promote Motorcycling ways to help promote and fund the MSAP in a Safe and Positive Image. To Those Who program. This can be done many ways. We Consent, No Injustice is Done would like to seek donations to cover not only the cost of gas but the supplies needed to educate in the classrooms. For years the PG. 4 Ride Safe SOUTHWEST CHAPTER OF ABATE OF FLORIDA, INC. SOUTHWEST CHAPTER has been the premier Safety Chapter in the State. In these hard Respectfully, economic times, we can no longer assume Wayne Cerra, President one has the gas or ink and paper needed to
Southwest Chapter
HELP SUPPORT YOUR LOCAL MRO* Chapter Meetings held at Anthonys on the Boulevard 4th Sunday of Each Month except December
*MOTORCYCLE RIGHTS ORGANIZATION
case with Harley recall? I think you get what we are saying here, in general. We see almost the same type of "thing" going on with man's relationship with God. And, man begins to question what is going on, when things aren't going well, and there are breakdowns. Many of us tend to blame God, for what has gone wrong, rather than seeing how we have gotten out of alignment with God's original design and intent. Look at all the things that we are involved with, clearly outside of God's Ten Commandments. Look at all the things we are involved with, outside the teachings of God's only Son. Look at what's happening in our nation (seems like we are headed, "down-the-tubes") and the failure of our repentance when God gives us a way out, when He says in 2 Chronicles 7:14, "...if My people who are called by My name will humble themselves, and pray and seek My face, and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land." (NKJV). Are you within God's plan and design? The scriptures give us the beginnings, as reflected in the following prayer. Please pray. "Dear God, the God of Abraham, Isaac, and Jacob, my heavenly Father, I confess that I am a sinner and have been separated from You. I ask forgiveness of my sins. I repent and accept this gift of repentance. I confess with my mouth that your son Jesus is my savior and died for me. I believe in my heart that You raised Him from the dead. I receive Jesus into my heart and ask Him to become the center of my life. Lord, please help me to learn how to effectively pray and be able to communicate all that is going on in the life you have given me. Teach me how to know your response and guidance, through your Holy Spirit. I ask that you will help me to humble myself and turn me away from any wicked ways. I pray for my country to be restored and for its people to turn back to You, in the Name of Jesus. Amen." Blessings, Tom and Kathy Pastor Tom (Estero River ABATE Life Member and Southwest Chapter Chaplain) and Pastor Kathy (SW ABATE Life Member - Foursquare Chaplain)www.messiahsmessengers.org or tprovenz@comcast.net 239-267-8641
Coming Up!
Please begin to look for the fliers of two upcoming events. Biker Bible Caf - will be held in our home on December 2nd, starting at 7:30 PM. This will be our Christmas gathering and all bikers are invited. As we celebrate the greatest gift ever given to man (John 3:16), we will have a fun Chinese-style gift exchange, value under $10.00. You can bring something new , something used, or some "white elephant." There will be lots of seasonal treats to eat and drink! On January 22nd, we be having the 13th Annual Lee County Church Crash and Slow Race Championship of the Universe. The evening before will be the Run for Ribs.
SOUTHWEST CHAPTER OF ABATE OF FLORIDA, INC. PG. 7
SOUTHWEST CHAPTER LIFE MEMBERS Keith Baker Darrell Barnett Denee Bartels Scott Blink Chet Butz James Burkholder Nora Burkholder Don Campbell Frances Cazes Wayne Cerra Jonathan Conant Terry Covington Audrey Cran Maggie Cran Rick Cran Rob Cran Robert Cruz Crusan Jim Crystal Ginny DAsti Biffle Davis Mary Dicenzo-Porter Al Diagiaco Frank Disomma Cindy Doak Randy Eck
Brian Galvin Sonny Gartrell Lynnda Gray Larry Gullia Bob Hall Harry Hoover George Huttman Susan Red Huttman Dan Jackson Cindy CJ Jordan Frankie Kennedy John Kennedy Ed LaCombe KD Marlowe Russell May Rev.Rea Means Don Meredith Jr. Jo Ann Miller Kenneth Miller John Mitchell Jim Mozeleski Taylor Musburger Terry Padilla Bob Penn Asuncsion Peppers Richard Peppers
Victor Piorkowski Kathleen Provenzano Rev. Thomas Provenzano Bill Robinson Janet Rolfe Tabitha Rossi Roland Salsberry Jencye Schmitt Jerry Schmitt Bruce Scheiner Elsie Seif Robert Simon Kelly Smith Richard Stergulz Sandy Stergulz Grandpa Stewart Lynda Stewart Russell Sullivan Scott Turner Ruth Vorys Teresa Webster D. Payton Wells Michael Wieland Jama Wyatt Steve Wyatt
Chapter meeting went well with over 35 members and guests. Next meeting Nov 27 th @ Anthonys with Guest Speaker, Rep. Trudy Williams Tuesday Bike Night at the Joint saw great music by Juice and a good crowd. SOUTHWEST CHAPTERS 1st Wednesday Bike Night of the season at Victory Lane went very well. A large turnout, 2 new members signed up, some old friends returned and a special thanks to the volunteers at the Safety and products booth by Keith, Kim and Roger, good food and good background music made this a great night. Southwest Chapter will be at Victory Lane every Wednesday Night 6 10 for membership, Safety and products. We have some ideas to keep this the place to be on Wednesday night, so please, come on out and join us. West Coast Chapter put on their Annual Iron Horse Rodeo. A group of Southwest Chapter members rode up to a sun filled day with a great turnout. Kudos to West Coast Chapter for putting on such a great event and event location! A Great time had by all. The next Chapter Board meeting is November 9th at 8pm Victory Lane Caf If anyone has an idea or concern, please bring it to the attention of our Secretary, Scott Turner, scott@turnerteamfl.com so it can be put on the agenda. Your Board of Directors are always available to hear any concerns or ideas. The Chapter meetings are for the benefit of all in a positive and productive environment to get out as much information as possible. Everyone of us are Volunteers. Thank you for understanding. Total new members for October 2011 is 11. Great job everyone. ~ Southwest Chapter
Thank you for your support Of Southwest Chapter Of ABATE of Florida, Inc.
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Email mike.gendronfuneralhome@msn.com
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MEETING MINUTES
ABATE OF FLORIDA, INC. Southwest Chapter Meeting Sunday October 23rd, 2011 Anthonys on the Blvd. President: Wayne Cerra V Pres. Burnout Bob Penn Treasurer: Todd KC Burns Secretary: Scott Turner (Excused) Sgt at Arms: Burnout Bob Penn 26 Members, 4 Guests Precedence Report: Welcome to our new members, Roger Miller, Jimmy Dennis, Paul Jones, and Kevin Barfield from Vintage Chapter, Pete Agnello, Carrie Phillips, Lynn Pippenger, Tim Weir, Robert Miller, John Morgan, Sharrie and a renewal Dale Conrad. Thursday, October 20th, several members of SW Chapter and other Abate members were present at Lee County Courthouse to show support for Doug McGill and Janine Baker. The Courthouse had already been notified that we would be there and all were welcome. There was standing room only for this hearing. Janine Becker was a passenger aboard the motorcycle of Doug McGill, Estero River Chapter member, when they were hit in front of Coconut Point Mall. They were rear ended by an individual, one headlight out and 4 mismatched tires, his claim, he didnt see him. Barbara Bardell, Dale Conrad, Kevin Barfield and I attended from our Chapter. The Judge imposed the maximum according to the Law. $1500 fine for operating an unsafe vehicle in an unsafe manner, loss of license for 6 months, driving course, and must attend the emergency room in the trauma department. This individual had no license for ten years, on medication and doubled his dose due to a bad morning. Prosecuting attorney explained some information to us. We hope for a continued investigation but at this time there is nothing to go on. Wayne attended the IPC Meeting supporting member 2nd Wed of each month for this coalition for safety. Bike Nights are moving to Victory Lane starting this Wednesday. VP Car Decal and Back of Jacket Patches (9) 3 for the front. $25.00 back patch ($20 for pre orders). Upcoming Jolly Roger poker run on the 30th of October, Haps Cycle Sales Biker Games 40-50 miles poker run Email to be sent with details State needs volunteers for Bike Week. Burn Out is our chapter contact person. Grand Opening of the Museum of Military Memorabilia 11/11/11 at the Naples Municipal Airport Commercial Aviation Terminal at 500 Terminal Drive off North Road. Doors open at 9 am and a Veterans Day Celebration to follow at Cambier Park Dec. 6th Vietnam Travelling Wall. See flyer in newsletter. Dec. 10 State Meeting Dec. 18th Southwest Chapter Christmas Run to Veterans Home in Charlotte County. See flyer in newsletter. Harley Donations, Kaye with Adopt a Troop, Shell Factory are assisting us as well as the 5 Star Chapters. Secretaries Report: Bob Penn makes motion to accept minutes as printed in the newsletter, second by Keith Baker, Motion passes Treasurer Report: Motion by Babs Bardell to accept treasurer report, second by Taylor Musbuger. Motion passes
Membership Report: 6 new members 2 renewals State Meeting Report: Certificate for most new members highest percentage of growth. Good to see the chapter building up its membership. Next month at our chapter meeting will be a guest speaker Trudy Williams. Auditory committee rep. Ken Robertson spoke on ABATES behalf, made the claim that the Chapters of SW Florida are doing a fantastic job here. Sent a letter to our Chapter in regards to the hard work and dedication of our instructors. State Delegate Assistant, stated trike training costly and dealerships are not interested due to the cost. Doc is fighting the trike training courses. Bike tickets due in by Feb Meeting. All chapters received a new state Abate banner to. Products - Ken Coon: Sales down due to bad weather. Keith and I are going to work out products. Please work with our products people. Patches, T shirts, please support products as our membership funds are low. Lets get some money moving. Long sleeve shirts are not ordered due to lack of income from products. Wayne would like people to step up and help out with products. Please offer some time at our bike nights to help our products volunteers moving and working the crowds. Web Master: Taylor states web site is updated. Old Business: Bring in a new member get as ticket. New Business: None Good of the order: During the good of the order Richie voiced his concern of fuel costs that he spent while volunteering to teach motorcycle safety to the area high schools with Smokey and Birdie. He asked for more reimbursement. President Wayne did not discuss during meeting but will be inviting Richie, Smokey and Birdie to the next board meeting to discuss. Motion to adjourn by Todd Burns, second Dale Conrad. Motion passed.
SOUTHWEST CHAPTER OF ABATE OF FLORIDA, INC. PG. 19
THANK YOU TO OUR VOLUNTEERS ADVERTISERS AND SUPPORTERS OF OUR MOTORCYCLE RIGHTS ORGANIZATION
A SPECIAL SHOUT OUT AND THANKS TO OUR LOCAL EVENT PROMOTERS FOR THEIR SUPPORT OF OUR MRO
BIKE FOR SALE 239.849.9065 2007 SUZUKI 10,000 MILES .. $2,000 CONTACT: FRANKIE KENNEDY
Burnout Bob and Marsha Penn 239.573.6487 Katie and Tom Ridderman
ter in the Month of October: Dale Conrad The summer is behind John Morgan us and the nice weather Shari Shifrin is approaching. This is Jimmie Dennis a good opportunity to Roger Miller Paul Jones get the snowbirds inKevin Barfield volved with ABATE Tom T Deere Christeen Keeler and help make them aware of our presence Kim Ottervanger Alaina Dempsey on the road. Phil West Our membership is growing steadily at an Renewals for Novemaverage of 6 new mem- ber: bers a month. Scarlett Colier The following are new Larry Hardin members of the Chap- Jori Holtman
Membership Report
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A more meaningful life comes from acting on opportunities which are found when everyday life crosses paths with a prepared mind. - Kay Klyne
SOUTHWEST CHAPTER OF ABATE OF FLORIDA, INC. PG. 24
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SOUTHWEST CHAPTER CHRISTMAS RUN DEC. 18TH
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ABATE is interested in the greater safety of the motorcyclists. After hearing R.C. speak, Representative Nelson immediately withdrew his request for a second audit of ABATE of Florida, Inc. A copy of the entire section of this hearing regarding ABATE of Florida is available on our website with this Press Release. Hey everyone, The Joint Legislative Auditory Committee held their meeting today at 12:30 and one of the items was a request from Rep. Bryan Nelson (District 38 which consist of Northern Orange County / Apopka area), that the committee audit the spending of ABATE of Florida, Inc. for the money spent from the State for motorcycle safety and education. The members of the committee asked many questions and did hear testimony from Doc and RC who stated he is a former President of one ABATE Chapter and mentioned he also belongs to Big Bend Bikers for Freedom and BOLT. During the committee's discussion, Sen. Sachs (District 30, parts of Palm Beach County) stated that it sounds to her that this is just one group being mad at ABATE for some reason. Anyway..... the result was that Rep. Nelson withdrew his request for an audit, because there ALREADY WAS an independent audit done that showed ABATE of Florida, Inc. was operating completely within the contract with the DHSMV and dispersed funds in accordance with the contractual agreement. In my opinion, as I watched the meetings live internet stream, I could see the committee members realizing that this is just "sour grapes" from a jealous group of people. Rep. Roberson (District 71, parts of Charlotte, Lee, and Sarasota) Stated that in Southwest Florida, ABATE is the only group that is doing anything to promote motorcycle safety and awareness! Here is the account from The News Service Florida about the meeting... Notice the word "rebuffed" in the first sentence... LAWMAKER TAKE A PASS ON BIKER SAFETY AUDIT By DAVID ROYSE THE NEWS SERVICE OF FLORIDA THE CAPITAL, TALLAHASSEE, Oct. 3, 2011..A joint legislative committee on Monday rebuffed a central Florida lawmaker who wanted an audit of a private motorcycle safety group that gets state money. Rep. Bryan Nelson was seeking an audit of ABATE of Florida, a private non-profit that has gotten a total of $1 million since 2005 to spend on motorcycle safety programs. Nelson said he was skeptical of whether the money - $250,000 this year was really helping increase safety for bikers. Of particular concern to Nelson was that part of the money has gone for promotional items, such as key
chains and magnets, which he said didn't seem like the best use of the money. Nelson also questioned why one firm got most of ABATE's business when it came to making those promotional items. But the Joint Legislative Auditing Committee had several questions for Nelson and in the end declined to ask the state Auditor General for an audit of the group. Most of the committee seemed concerned that it didn't make sense to single out for extra scrutiny one private nonprofit that gets state money when there are hundreds of others that also receive state funds, and that the group had been audited independently and was found to be following the law. Nelson, R-Apopka, said his basic question was simply "are we getting the best bang for our buck?" While the money is spent by the state, it's not tax dollars; it comes from motorcycle registration fees. ABATE's lobbyist, James "Doc" Reichenbach, told the committee that the group was happy to provide an accounting of where the money goes in the audit it just turned into the state. Reichenbach also responded to Nelson's question about whether anyone was getting a sweetheart deal by saying that ABATE didn't pick the vendor to make the promotional items - it was suggested by the state Department of Highway Safety and Motor Vehicles. The company, Independent Resources, is a minority firm. "I have no dog in that hunt and neither does anyone in ABATE of Florida," Reichenbach said. "I got this from Highway Safety they told me people to contact." As for spending, Reichenbach pointed to the audit the group had just turned into the highway safety agency. "You've got an audit, it shows every penny that was spent," Reichenbach said. "You won't find one penny that was given to one of our members, to me or anyone else." As for the promotional items, members of the committee noted that the contract with ABATE actually called for those promotional items to be part of ABATE's campaign. Reichenbach also defended them. "If someone has a keychain and it makes them think twice before they pull out (in front of a motorcycle), every penny of that's worth it," he said of the items, which remind people to watch out for motorcycles. Not every biker in the state agrees that the money is well spent. A rival group of motorcyclists, some of whom have broken away from ABATE and criticize the organization on their Website, said the audit should be done, and called into question the effectiveness of the group's campaign. "I see nothing anywhere that shows that a refrigerator magnet is going to keep me from getting in an accident, or a keychain," said Robert "RC" Conroy, who spoke on behalf of the group Monday. Sen. Maria Sachs, D-Delray Beach, said she didn't think the state should spend money on an audit when one had already been done and there was no specific allegations
that ABATE was doing anything improper with the money. She also suggested the split among motorcyclists over ABATE might be partly at work. "There could be a disgruntled other organization," said Sachs. "I'm not here to spend money to go between two organizations that may be at odds with each other." Sen. Arthenia Joyner said requiring extra scrutiny of one group that gets state money would invite and probably should require lawmakers to look at others. "If we're going to take this holistic look than we really need to talk about the whole universe," said Joyner, DTampa. "Some other nonprofits are doing the same thing. They're buying trinkets. We have a responsibility to be consistent.... Don't pull this one in if you don't want to look at all of them." Based on members of the panel who said during the meeting that they didn't believe an audit was necessary, a vote on asking the Auditor General to do one didn't appear likely to pass, and no one on the panel made a motion to take a vote on Nelson's request. Nelson said he would continue to review the contract with ABATE. Hello Southwest Chapter, I just wanted to take a few moments to tell you how much I appreciate the work that you all have done by getting ABATE of Florida's name and good works out to your community and your Legislators. Monday at the Joint Legislative Auditory Committee meeting, I watched as Rep. Ken Roberson said to the rest of the committee that he is from Southwest Florida and he only see ABATE as the only group that is working hard for motorcycle rights and safety awareness. I swelled with pride when I heard him say that because I knew that it came from all the hard work that Southwest Chapter and the other 5 Star Chapters have done. Please pass along my gratitude to your Chapter. This shows exactly how important it is to get to know and stay in touch with our local legislators. You have done an outstanding job and I applaud you and your Chapter. See ya at Spooks!! Darrin "Scribe" Brooks, State Legislative Trustee, ABATE of Florida, Inc. www.abateflorida.com TEDDYBEARS NOTE: I would like to urge all of our members to contact Rep. Ken Roberson and thank him for speaking out on our behalf. If you contact his office, please make sure that you mention that you are a member of ABATE of Florida, Inc., Southwest Chapter. Rep. Roberson is a member of the Lee County Legislative Delegation, and represents parts of Lee County. Contact him at: Rep. Ken Roberson, R-71 17825 Murdock Circle, Suite B,
Port Charlotte, Fl. 33948-4090 Phone: (941) 613-0914 E-Mail: ken.roberson@myfloridahouse.gov New Laws Kick In October 1st. New restrictions on expert witnesses, minors seeking abortions, and local governments with gun ordinances kick in Saturday as new bills passed by lawmakers earlier this year go into effect. In all, 29 new laws go on the books Oct. 1, the first day of many local governments' fiscal years and the last major push of legislation passed during the 2011 Legislative session. Among the most controversial measures is one that places heavy fines on local governments that enact tougher gun laws than those imposed by the state. Despite being on the books for decades, laws prohibiting cities and counties from enacting stricter gun laws lacked any teeth. No more. Other bills that go into effect Saturday include: -HB 75: The law creates the crime of "sexting", the transmission of sexually explicit pictures, often by cell phone. But it reduces the penalties from what they would be for teens charged with doing that now, which would brand them a sex offender for many years. Under the new law, a first time offense would not result in a sex offender label. -HB 479: bolsters requirements for expert witnesses in medical malpractice lawsuits. Gov. Rick Scott in June signed legislation that doctors said was their most significant victory at fighting off lawsuits since caps on certain damages were put in place in 2003. The legislation makes it harder for some doctors from out of state to serve as expert witnesses in medical malpractice cases. The bill also gives medical and dentistry boards the authority to discipline witnesses who provide "deceptive" or fraudulent testimony in a malpractice case. Another feature of the bill creates a standard informed consent form for cataract surgery patients and says that incidents resulting from certain specific risks aren't considered adverse incidents. HB 99: allows companies providing five types of commercial insurance coverage to raise rates without first seeking approval by the Office of Insurance Regulation. The provision still allows the agency to reject rates that are excessive, inadequate or unnecessarily discriminating. The bill continues a move begun last year when Gov. Charlie Crist approved an insurance package that deregulated other lines of commercial coverage. The changes were supported by the insurance industry and employer groups. "The bill pretty much completes changes begun last year," said Sam Miller, executive vice president for the Florida Insurance Council. -SB 344: makes it a crime to have sex with animals or know about someone having sex with animals, or making it possible to have sex with animal. Apparently, existing Florida law does not allow for easy prosecution. The law
makes it a first degree misdemeanor, punishable by up to a year in jail. -HB 339 is aimed at reducing credit card fraud by toughening penalties for possession of stolen credit or debit cards by someone who knows or should know the card was stolen. A few bills of interest have been filed in both the House and the Senate. This one, filed by Rep. Matt Caldwell, R73, of Fort Myers caught my eye. HM 57 Rep. Caldwell Dist. 73 (part of Lee) Filed: July 20, 2011 Sovereignty of the State: Urges Congress to discontinue its practice of imposing federal mandates & legislation upon states which exceed scope of its constitutionally delegated powers under Tenth Amendment to U.S. Constitution & to repeal all existing compulsory federal legislation that directs states to comply or requires states to pass specific legislation in order not to lose federal funding. Scribe's note The above underlined part is HUGE for us, one way to implement a National Helmet Law is to withhold Federal funding to the States if they don't comply. The Feds could also require the States to have Motorcycle Only Check points or else lose funding. Texting While Driving Bans Filed House Bill (HB 299) that would ban "texting while driving." Rep. Ray Pilon, R-Sarasota, filed the measure, which would ban people who are driving from "manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device . for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging." People in the driver's seat of a parked car wouldn't be covered by the bill, and enforcement would be as a secondary offense, meaning police wouldn't be able to pull a driver over for an infraction, but if they saw a driver texting and pulled them over for something else they'd be able to cite them for violating the texting ban. There's also an exemption for using a cell phone to navigate. The same bill was filed earlier this week in the Senate by Sen. Nancy Detert, R-Venice. There are two Bills up in Tally that if passed will repeal the new law that requires all people who request public assistance or, in other words welfare, to get tested for drugs. HB 4065 and SB 284 would let people get public assistance without having to be tested for drugs. In other news, SB 632 is aimed at making it illegal to protest, picket, or disrupt a funeral, burial, or memorial service. You can read more about these Bills, PLUS all the other ones that I am following on the attached files. AGAIN, these are not official ABATE of Florida, Inc. support or oppose Bills. They are just ones that I find interesting enough to share.
- CONTINUED ON PAGE 32
This was in The News Service of Florida. Sen. Dockery has filed this Bill for the past FIVE years and it has never past. This Bill would prevent a Legislator who let's say is an....Owner of an Insurance Business from voting on an issue that would require motorcyclist from having to pay to get more insurance. This is a Bill that I personally, will be talking to my House Rep. and State Senator about passing because I don't think someone should profit from a vote that they cast. They talk about integrity and trust so I am going to watch to see if they are all sizzle and no steak again this year. BILL WOULD PREVENT CONFLICT OF INTEREST VOTES Sen. Paula Dockery has again filed legislation that would bar lawmakers from voting on legislation that could benefit themselves or a relative. The Lakeland Republican has filed the bill for five years to no avail. State legislators currently have to disclose any potential conflict within 15 days of voting on a bill, but there's no law against them taking the vote. And the House has a rule preventing such votes but the House could change that rule at anytime with a vote. The Senate has no such rule. "Given the publics justifiable lack of trust and confidence in elected officials throughout the country, it is imperative that reforms of this nature be enacted," said Dockery, who will leave the Senate next year because of term limits. The measure (SB 552) is filed in the House as HB 359, where it will be sponsored by Rep. Fred Costello, ROrmond Beach. "I am pleased to be able to emphatically state that the men and women of the Florida Legislature are of the highest integrity. However, the current state of the law that permits legislators to vote upon and lobby for matters from which they and their family members will make money is inappropriate," said Costello. Here is another bill that I just had to add to our watch list. It has nothing what so ever to do with motorcycles or ABATE, but just like last years "baggy pants" bill that made it all the way thru, I just have to watch this one.... Former state Sen. Al Lawson said he'll lobby against a proposal to repeal the state's ban on "dwarf tossing" if the repeal bill gains any traction next year. Rep. Ritch Workman, R-Melbourne, has filed a measure (HB 4063) that would repeal a law that bans bar contests that exploit dwarves. Lawson, who served several years in the House and Senate as a Democrat representing the Tallahassee area, sponsored the ban. He told the Tallahassee Democrat said the measure was needed to protect dwarves against exploitation and possibly even injury. I never did think anyone would want to repeal this, LawSOUTHWEST CHAPTER OF ABATE OF FLORIDA, INC. PG. 32
son told the Democrat. If it comes up in the next session, Im going down to the Capitol to speak against it. Workman has said the proposal is about removing unneeded regulations from the law books. COURT TO CONSIDER CAR STEREO QUESTION: HOW LOUD IS TOO LOUD? The Florida Supreme Court has scheduled oral arguments for February on the question of when a car stereo is too loud. A man in the Tampa Bay area who was ticketed for violating the state's law against blasting a car stereo challenged the law, and a district appeals court earlier this year agreed that the law's definition of too loud was too vague. The state is appealing the ruling and the Supreme Court on Monday set oral arguments in the case for Feb. 9. The case is State of Florida v. Richard T. Catalano et al. Scribes Comment: This will be interesting to watch as it deals with noise limits. Civic Leader Sentenced to 10+ Years for Killing Biker Tavares, FL, September 30, 2011 After changing his plea to guilty back on September 19th, former Public Defender Bruce Duncan was sentenced today to ten years and four months in a state prison, three years probation, a lifetime loss of his Drivers License, as well as a $5,000 fine. This sentence was received after Duncan got drunk and drove his truck into Herbert Steve Muller on October 17, 2009, killing Steve. Duncans attorneys asked the court for a sentence of four years, the states minimum sentence according to the guidelines. The prison sentence Duncan received was the recommendation by the guidelines. The fact that the Judge did not depart from Floridas Sentencing Guidelines is a breath of fresh air ABATE of Florida, Inc. State President, James Doc Reichenbach II stated today. The defense had lined up a list of community leaders attempting to say Duncan was a great guy, and many were worried that Duncan wasnt going to receive the punishment he deserved. Members from at least six ABATE of Florida chapters and other motorcyclists were present during many of the hearings, showing support for Steve Mullers family and letting the public know that motorcyclists lives are worth more than a simple fine. Court Date Set for Killer of Motorcycle Passenger Estero, FL - October 10, 2011 Friday August 26, 2011 Doug McGill was riding his Yamaha motorcycle with his friend Janine Becker on the back. They stopped for the red traffic light after arriving at an intersection near the Coconut Point Mall. Stephen Alexander Brown pulled up behind them as the traffic light was changing from red to green, but instead of stopping, reports say he accelerated his Pontiac Grand Prix straight into the rear of McGills bike. After both were thrown from the bike, McGill was transported to the hospital with non-life
threatening injuries. Janine Becker was pronounced dead at Gulf Coast Hospital. Brown was cited for careless driving and driving a vehicle in an unsafe condition or with defective equipment. Since Janine Becker was killed in the crash, Brown will be required to appear before the Lee County Court on October 20, 2011. As of now, he only faces $267 in related fines. The Judge assigned to this case, the Honorable H. Andrew Swett, has the ability to impose additional penalties. However, even though it appears Brown was fully at fault in this fatal crash, he will not see any jail time for killing a motorcyclist. The current laws dont call for incarceration in negligent driving cases such as this. Brown did get arrested for Possession of Marijuana back in June 2011; maybe that will send him to jail since killing a biker wont. ABATE of Floridas Estero River Chapter will be at the October 20, 2011 8:15 am hearing, hoping for justice to be served in the killing of their chapters member. Contact Estero River Chapter President Mark Williams at 239 -825-5848 or marcumw@aol.com for additional information. Here is an interesting news story from Nevada about motorcyclist and helmets. I am interested in hearing what you think about it. Scribe www.8newsnow.com/story/15582282/i-teammotorcycle-riders-explain-helmet-lawsuit I-Team: Motorcycle Riders Explain Helmet Lawsuit LAS VEGAS -- Earlier this week, a dozen motorcycle riders filed a class action lawsuit challenging the enforcement of Nevada's helmet law. Thursday, with some fourstroke showmanship, they served that suit on those they accuse of violating their rights. Until now, the group has been tight-lipped about the motives behind the action. This suit is not about whether the government has the right to require motorcycle riders to wear helmets. The Nevada Supreme Court has already ruled on that issue and found that it does. Instead, the action accuses local police and prosecutors of selectively enforcing the helmet law and of using it to hassle bikers. Attorney Travis Barrick, his client and several scantlyclad ladies climbed the steps of the federal courthouse Thursday for the ceremonial filing of the class action lawsuit. Dubbed the Class M class action, the suit seeks to include some 40,000 Nevadans holding motorcycle endorsements on their driver's licenses. The 12 named plaintiffs, with nicknames like Bones, Doc and Tiger Lily allege violations of their constitutional rights based on what they call selective enforcement of Nevada's helmet law. "I'm just saying that if you don't have probable cause to pull me over, we've got a problem," plaintiff David Stillwell said.
He regularly practices constitutional activism. To test Nevada's helmet law, in 2010, he modified an approved helmet in an effort to comply with the letter of the law. That helmet netted him five tickets and two convictions. Both were later dismissed on appeal by the city's that brought them. "Every time a rider gets pulled over and complains about the ticket, the cops says tell it to the judge. Well, we get to the judge and they dismiss it so we never get to have our day in court and test the law on its face," Barrick said. The two-man parade shows up to City Hall next and hand the clerk a piece of paper. "You have been served," said one of the scantily-clad women. "Thank you ma'am, have a fine day," Barrick added. The group is hoping to ultimately win the repeal of Nevada's helmet law. The helmet law was passed in 1972 to reduce the severity of injuries to riders and to protect the public against the medical costs of motorcycle accidents. The Nevada Highway Patrol reports 34 motorcycle fatalities, so far, this year. Efforts to repeal it in the legislature have failed in recent sessions. 8 News NOW did reach out to many of the county and city's named in the suit, they all declined to comment based on the pending litigation. To read the complaint go to: http:// www2.8newsnow.com/docs/BikerComplaints.pdf. To read about the groups mission go to: www.repealitorfeelit.com. From the Motorcycle Riders Foundation Washington, D.C. EPA UNDER SCRUTINY CONCERNING E15 CALL TO ACTION! Congressman James Sensenbrenner (R-WI) has introduced HR 3199, a bill that would require the Environmental Protection Agency (EPA) to seek independent scientific analysis on the affects of 15-percent ethanol blend gasoline. The bill would not overturn the option for ethanol to continue to be sold, it simply asks for more study on the use of an E15 blend; something the Motorcycle Riders Foundation (MRF) has been asking for as well. "The EPA's decision to allow E15 into the marketplace will impact every American who owns a car, lawnmower, or boat. Automakers insist that using E15 will void warranties, lower fuel efficiency, and cause premature engine failure. In off-road engines, the effects can even be dangerous forCHAPTER OF ABATE OF FLORIDA, INC. PG. 33 SOUTHWEST users," Sensenbrenner said. "There are serious concerns that the EPA used only one Department of Energy test and rushed E15's introduction into the marketplace. This test was limited in scope and
ignored a plethora of evidence albeit inconvenient evidence for the EPA that shows E15 gasoline has a negative effect on engines. Sensenbrenner is very serious about this issue. He conducted his own study by questioning 14 automakers about the effect of an E15 blend on their products. The unanimous consent was grim. Everybody agreed that E15 would void warranties, damage engines and lower fuel efficiency. The MRF requests that you contact your Representative in the United States House of Representatives and ask them to cosponsor HR 3199, the Sensenbrenner EPA E15 study bill. NTSB WANTS MEDIAN IMPROVEMENTS A recently released set of recommendations by the National Transportation Safety Board (NTSB) includes one that specifically addresses cable barriers. The NTSB asks that the Federal Highway Administration (FHWA) work with the States to define the criteria regarding where cable barriers are placed, and to research the safety risks associated with cable barriers.
Sergeant who ordered him to cease issuing those kinds of tickets. He explained that the law is so vague that it is unenforceable. However, Holtsclaw broke orders and continued on his mission to silence Houston. According to Holtsclaw it was the upper levels of the Houston Police Department, Mayor Annise Parker, Houston's City Council, and Houston's Legal Department that forced him into retirement. Enjoy your freedom while it lasts Houston, because you know for every one like this guy there is another around the corner just waiting. The MRF does not advocate for breaking of any law. We do, however, oppose blatant motorcyclist discrimination like this.
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