The Issues

The following agenda is what we had taken to our elected members of Congress on a trip to DC at the end of July 2009. Please keep the issues in front of them by continuing to call. Thanks.

**U.S. House of Representatives Members**
District1(Western KY) Rep. Ed Whitfield 202-202-225-3115	District 2 (Central KY) Rep. Brett Guthrie 202-202-225-3501
District 3 (Louisville area) Rep. John Yarmuth 202-225-5401	District 4 (Northern KY) Rep. Geoff Davis 202-225-3465
District 5 (Southeast KY) Rep. Harold ‘Hal’ Rogers 202-225-4601	District 6(Lexington area) Rep. Ben Chandler 202-202-225-4706

**U.S. Senators**
Sen. Mitch McConnell 202-224-2541	Sen. Jim Bunning 202- 224-4343

Dear Congressman,

The Kentucky Motorcycle Association has been involved in the legislative process at both the state and federal level since its formation in 1982. For this reason we are visiting with you and your staff to relay our views on various bills and issues confronting this 111^th Congress.

We would ask for you support and co-sponsorship of the following bills / issues:

1. HR 1587 – “To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act of 2008 to provide an exemption for certain off-highway vehicles, and for other purposes.” As you may be aware the Consumer Product Safety Improvement Act of 2008 had several unintended consequences among which was the prohibition of smaller ATVs and dirt bikes. Many motorcyclists got their start on just such equipment as they were growing up. Besides outlawing a significant segment of the industry it also infringes upon how a parent may choose to rear their children by which activities he / she may be allowed to participate. Should we also outlaw youth sized footballs or soccer balls as well?

2. HR 2057 – “Motor Vehicle Owners Right to Repair Act of 2009” With the new technologies and other specialized equipment, independent shops and vehicle owners may be at risk of not being able to work on various vehicles. While we do recognize that the manufacturers have put in significant resources to develop some of these technologies, it is yet another issue to prohibit another man’s livelihood and impose a de facto surcharge/fee for the purchase of a vehicle. We ask that these technologies simply be made available to the individuals and independent shops.

3. HR 1207/ S 604—“Audit the Federal Reserve” No agency or entity entrusted with the use of taxpayer dollars should be exempt from public scrutiny. The public has a right to know how their money is being used or possibly misused.

4. S 1248 – “Green Transportation Efficiency Act of 2009” During the recent bill deemed ‘Cash for Clunkers’ legislation motorcycles were left out of the mix of eligible vehicles. We would ask that they be included in this program.

These are items which we would like to bring to your attention but may or may not require action at this point and time:

Insure that no federal blackmail provisions are incorporated into legislation to put undue burden on the states and its citizens for laws they may or may not have.
Oppose any funding and/or implementation of a vehicle miles traveled tax system. Instead a simple fee based system for newer hybrids and electric vehicles would be a better alternative as a funding mechanism for the road fund. Another way to direct funds to the roadways would be to use existing electric usage taxes and require a certain percentage of those funds go towards the road fund.
Include motorcycles in the design and construction of any new intelligent transportation projects.
Continue the charter for the Federal Motorcyclists Advisory Council to the Secretary of Transportation.
Continue the prohibition of NHTSA from lobbying the state legislatures with federal funds and increase it to the entirety of USDOT and other sub-agencies.
Monitor the actions of the EPA to prevent actions such as mandatory vehicle emission testing programs, anti-tampering regulations/legislation or other over-burdensome requirements. Due to the large number of motorcycle builders and customizers including individuals, anti-tampering requirements could have a huge impact on the aftermarket and custom bike build industry.
Repeal of the Patriot ACT.This bill has infringed upon the civil and constitutional rights of the American People. In the same way that RICO was supposed to only deal with organized crime it has been used against others not in connection with organized crime in the least. For example the tobacco companies are a prime example. What is to prevent the federal government from using its vast resources to target any particular group or individual?

These are the items which we would ask you to oppose or to amend in such a way as to address the listed concerns:

S 787 – “Clean Water Restoration Act” This bill could provide for an over reaching authority by various federal agencies into both public and private land uses. The fear of the motorcycle community is that off road areas may be shut down or its use severely curtailed under this or similar pieces of legislation.
S 1261—“PASS ID Act” While we are in support of the repeal of the REAL ID Act this bill puts back into place many of the same measures including forcing the states to adhere to a national ID campaign. Drivers licensing and identifications have always been a matter left to the states and should remain as such. Creating the mechanisms to provide for a national database and ID system is not in the best interest in the civil rights and/or privacy of the citizenry.
HR 3200 – “America's Affordable Health Choices Act of 2009” While this may seem a worthwhile and humanitarian issue at hand it is far from it. As has already been seen in the Massachusetts health care system, groups are being singled out to provide for the budget balancing act of the program. What is to prevent future Congresses or through administrative regulation and review from singling out motorcyclists or any other group for that matter. We have tried to address the discrimination of coverage in the private sector since HIPPA was passed and have run into roadblocks each and every year.
HR 2454 – “American Clean Energy and Security Act of 2009” Instituting a cap and trade system will have negative effects across the board on a variety of industries including the motorcycle industry. There is not the consensus that many people talk about concerning the effects of so called global warming or now climate change.
HR 1780 – “Smart Planning for Smart Growth Act of 2009”One item that is of particular interest in this bill was to allow for “Congestion Pricing.” In other words to charge extra to use certain roads during certain times of day. Please oppose any of this type of legislation or any that would prohibit use of roads especially motorcycles during any or part of the day.
Any bill that would infringe upon an individual’s Second Amendment Rights. Examples of this would be bills such as HR45.

Thank you for your time and consideration of these and other issues. The Kentucky Motorcycle Association will be glad to offer any assistance we can with regards to these or any others which may affect motorcyclists in our state or the nation.

Jay Huber

Kentucky Motorcycle Association/KBA State President

The 2010 Session is upon us and legislators have already started to file bills. If a bill number starts with HB it is a House Bill or with a SB it is a Senate Bill. Below are a list of the some the bills you may find intersting. If you would please make a call on these or any others you wish to weigh in on to 800-372-7181 and leave a mesage for your elected officials. If you don't know who they are the nice folks at the message line center will be glad to help. The bills in red text are the ones we are asking you to ask the legislature to oppose. Ones in green are ones to support and if no color then they are for informational purposes only. If you click on the bill number it should take you directly to the text of the bill.

You can follow any of these bills by going to http://www.lrc.ky.gov/record/10RS/record.htm and clicking on the bill number to see the latest actions on the bill. You can also have alerts sent to your email when a bill is moving by signing up for Bill Watch at http://migration.kentucky.gov/services/billwatch/. Lastly if you want to see your legislators in action and can't make it to Frankfort you can see it on the web at http://www.ket.org/legislature/. Stay tuned and stay involved.

CALL ON THIS AND ASK THEM TO NOT SUPPORT THIS GANG BILL!!!!

HB 64/LM/CI (BR 237) - J. Richards

AN ACT relating to criminal gangs.
Create a new section of KRS Chapter 17 to permit named agencies to operate a criminal gang database and share the information with named agencies; define which information may be included in a criminal gang database; specify which local, state, and federal agencies may access information in a criminal gang database on a need to know basis; create a new section of KRS Chapter 431 to permit crime victims to sue persons convicted of criminal gang activity for treble damages; permit a person who is the victim of criminal gang activity to bring court action to enjoin criminal gang activity; create a new section of KRS Chapter 506 to define what constitutes a criminal gang and other terms related to criminal gangs; create the crimes of criminal gang recruitment in the first degree and criminal gang recruitment in the second degree; provide for seizure of money or property used in or the proceeds of criminal gang related activity; amend KRS 506.150 relating to establishing the existence of a criminal gang to reduce from 5 to 3 the number of persons involved in the activity; repeal KRS 506.140 relating to definitions for the chapter.

     (Prefiled by the sponsor(s).)

     Nov 4-To: Interim Joint Committee on Judiciary
     Jan 5-introduced in House; to Judiciary (H)

Here are some good ones!! Call and ask your legislators to cosponsor.

HB 363/LM (BR 1518) - H. Collins, L. Combs
     AN ACT relating to the Transportation Cabinet.
     Amend KRS 446.010 to define "AVIS"; amend KRS 186A.170 to eliminate the requirement that title information records be kept on microfilm, and instead allow for other methods of storage; amend KRS 186.050 to eliminate the registration fee for motorcycle sidecars; amend KRS 186.535 to conform.

HB 363 - AMENDMENTS

     Feb 2-introduced in House
     Feb 3-to Transportation (H)
     Feb 5-posted in committee
     Feb 9-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Feb 10-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, February 17, 2010

     HCS/LM - Retain original provisions of the bill with the following exception: amend Section 4 regarding the portion of registration fees going to the Motorcycle Safety Education Fund to eliminate references to motorcycle sidecar attachments.

HB 70 (BR 1) - J. Crenshaw, E. Ballard, L. Belcher, J. Glenn, D. Graham, K. Hall, C. Hoffman, M. Marzian, T. McKee, R. Meeks, D. Owens, J. Richards, A. Simpson, R. Weston, S. Westrom

AN ACT proposing an amendment to Section 145 of the Constitution of Kentucky relating to persons entitled to vote.
Propose to amend Section 145 of the Constitution of Kentucky to exclude a convicted felon from the right to vote only until expiration of probation, final discharge from parole, or maximum expiration of sentence; submit to the voters for ratification or rejection.

     (Prefiled by the sponsor(s).)

     Jun 3-To: Interim Joint Committee on State Government
     Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)
     Feb 1-posting waived
     Feb 2-reported favorably, 1st reading, to Calendar
     Feb 3-2nd reading, to Rules
     Feb 9-posted for passage in the Regular Orders of the Day for Wednesday, February 10, 2010
     Feb 10-3rd reading, passed 83-16
     Feb 11-received in Senate

Vote History

SB 53/LM (BR 846) - J. Higdon

AN ACT relating to primaries.
Amend KRS 116.055 to permit a registered independent to vote in the primary of one party for each primary; amend KRS 118.125 to provide that a primary candidate shall not be a registered independent; amend KRS 117.125 to provide that electronic voting machines be reprogrammed to allow a registered independent to vote for a party's candidates in a primary.

SB 53 - AMENDMENTS

     (Prefiled by the sponsor(s).)

     Jan 5-introduced in Senate
     Jan 6-to State & Local Government (S)
     Jan 20-reported favorably, 1st reading, to Calendar
     Jan 21-2nd reading, to Rules
     Jan 27-posted for passage in the Regular Orders of the Day for Thursday, January 28, 2010
     Jan 28-3rd reading; passed over and retained in the Orders of the Day; floor amendment (1) filed
     Feb 1-passed over and retained in the Orders of the Day
     Feb 2-passed 25-12 with floor amendment (1)
     Feb 3-received in House
     Feb 8-to Elections, Const. Amendments & Intergovernmental Affairs (H)

Vote History
SFA (1, J. Higdon) - Amend KRS 116.055 to require that an independent be registered as an independent on December 31 immediately preceding the primary; amend KRS 118.015 to define "registered independent" as a person who is not a member of a political party, a political organization, or a political group.

HB 87 (BR 348) - S. Lee, T. Kerr

AN ACT relating to firearms, including ammunition and accessories for firearms.
Create new sections of KRS Chapter 237, relating to firearms, firearm accessories and ammunition that are made in Kentucky, marked made in Kentucky, and used in Kentucky, to specify that these items are exempt from federal law; provide that the exemption does not include machine guns, silencers, exploding ammunition, or firearms with a bore over one and one-half inches name the new sections the "Kentucky Firearms Freedom Act."

(Prefiled by the sponsor(s).)

Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)

HCR 13 (BR 124) - D. Floyd, B. Farmer

Urge support for the Second Amendment of the United States Constitution; urge Congress not to enact any law that infringes on the right to bear arms under the Constitution of Kentucky.

     (Prefiled by the sponsor(s).)

     Sep 2-To: Interim Joint Committee on State Government
     Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)

SB 5 (BR 851) - G. Tapp

AN ACT relating to motor vehicle repair claims.
Create a new section of Subtitle 12 of KRS Chapter 304 to define "claimant," "deceptive referral," "request or require," and "free market rate"; require an insurer to inform a claimant upon initial notification of a claim that the claimant has the right to choose the repair facility for repair of a damaged vehicle; prohibit an insurer from steering a claimant to use a specific person or business for motor vehicle repairs; prohibit an insurer from engaging in deceptive referral practices; prohibit an insurer or appraiser from steering a claimant to use a specified facility for appraisals or repairs; require all appraisals to contain a notice regarding the provisions of this section; require evidence of proof of financial responsibility or security regarding motor vehicles to contain a statement regarding an insured's right to choose a repair facility; require appraisers of motor vehicle damage claims to conduct a physical visual inspection of the vehicle and to leave an estimate of the damages with the repair facility; prohibit the alteration of an estimate of physical repair damage other than by an original appraiser; require the labor rate for damages paid to be based on the free market rate; require all claims to be paid within 30 days of notice of the claim and establish penalties for violations of this requirement; amend KRS 304.99-110 to establish a penalty for a violation of the section's provisions.

Jan 5-introduced in Senate

HB 186 (BR 496) - J. Wayne

Jan 5-introduced in House

HCR 10 (BR 54) - S. Lee, A. Wuchner, M. Dossett, C. Embry Jr., J. Fischer, T. Kerr

Declare state sovereignty over powers not given to the federal government by the U. S. Constitution; demand the federal government to cease mandates beyond constitutionally delegated powers; prohibit federal legislation requiring state passage of laws under threat of penalties or sanctions; direct the Clerk to distribute copies of the Resolution.

     (Prefiled by the sponsor(s).)

     Sep 2-To: Interim Joint Committee on State Government
     Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)

HCR 11 (BR 50) - R. Crimm

Reaffirm the principles of government expressed by Thomas Jefferson in a resolution written for the Kentucky legislature in 1798; declare that the nation represents a compact among the states, and that the federal government possesses only the powers delegated to it by the United States Constitution; describe the limits of federal power under the Ninth and Tenth Amendments to the United States Constitution; determine a method for communicating these principles to other states; declare that any act of the federal Congress, executive order of the President of the United States, or judicial order of the federal court that assumes a power not delegated to the United States government will constitute a nullification of the United States Constitution; declare that, upon such a nullification, all powers previously delegated to the United States will revert to the several states individually; list some federal actions that would bring about such a nullification; declare that any future government of the United States would require ratification by three-quarters of the states.

     (Prefiled by the sponsor(s).)

     Sep 2-To: Interim Joint Committee on State Government
     Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)

HJR 20/LM (BR 902) - J. Fischer, J. Gooch Jr., H. Collins, T. Couch, M. Dossett, K. Hall, M. Harmon, S. Lee, J. Stewart III

     Prohibit enforcement and enactment of restrictions on carbon dioxide emissions by all agencies and political subdivisions of state and local government.

     Jan 5-introduced in House
     Jan 6-to Natural Resources & Environment (H)
     Jan 11-posted in committee

SJR 109 (BR 1550) - K. Stein, P. Clark, R. Webb

Direct the Transportation Cabinet not to comply with the provisions of the REAL ID Act of 2005.

Feb 4-introduced in Senate
Feb 8-to Veterans, Military Affairs, & Public Protection (S)

SCR 43 (BR 1134) - D. Seum, J. Schickel, D. Thayer

Declare state sovereignty over powers not given to the federal government by the United States Constitution; demand that the federal government cease mandates beyond constitutionally delegated powers; prohibit federal legislation requiring state passage of laws under threat of penalties or sanctions; directdistribution of the Resolution.

Jan 11-introduced in Senate
Jan 12-to State & Local Government (S)

These are for your information and ones that you may find interesting. The KMA has not taken an official stance on these at this time.

SB 14/LM (BR 139) - J. Pendleton, P. Clark
     AN ACT relating to industrial hemp.
     Create new sections of KRS Chapter 260 to define "department," "industrial hemp," and "THC"; require persons wanting to grow or process industrial hemp to be licensed by the Department of Agriculture; require criminal history checks by local sheriff; require the Department of Agriculture to promulgate administrative regulations to carry out the provisions of the Act; require sheriff to monitor and randomly test industrial hemp fields; assess a fee of $5 per acre for every acre of industrial hemp grown, with a minimum fee of $150, to be divided equally between the Department of Agriculture and the appropriate sheriff's department; require licensees to provide the Department of Agriculture with names and addresses of any grower or buyer of industrial hemp and copies of any contracts the licensee may have entered into relating to the industrial hemp; clarify that the Act does not authorize any person to violate federal law.

     (Prefiled by the sponsor(s).)

     Nov 4-To: Interim Joint Committee on Agriculture
     Jan 5-introduced in Senate
     Jan 6-to Agriculture (S)

HB 36/LM (BR 172) - D. Owens

AN ACT proposing to amend Section 228 of the Constitution of Kentucky.
Propose to amend Section 228 of the Constitution of Kentucky to delete language regarding duels; submit to the voters for approval or disapproval.

     (Prefiled by the sponsor(s).)

     Nov 4-To: Interim Joint Committee on State Government
     Jan 5-introduced in House; to Elections, Const. Amendments & Intergovernmental Affairs (H)

HB 62 (BR 265) - B. Farmer, J. DeCesare, A. Webb-Edgington, A. Wuchner

AN ACT relating to the alcoholic beverage wholesale sales tax and declaring an emergency.
Amend KRS 243.882 to make technical corrections to defined terms; amend KRS 243.884 to reduce the tax rate on gross receipts from wholesale sales of malt beverages, wine, and distilled spirits to 5.5% for sales made on or after July 1, 2010, and to provide that the tax shall not apply to sales made on or after July 1, 2011; EMERGENCY.

     Nov 4-To: Interim Joint Committee on Appropriations and Revenue
     (Prefiled by the sponsor(s).)

     Jan 5-introduced in House; to Appropriations & Revenue (H)

HB 102 (BR 475) - D. Floyd
     AN ACT relating to sales tax on alcohol.
     Amend KRS 139.470 to exempt gross receipts from the sale of distilled spirits, wine, and malt beverages, not consumed on the premises, from sales and use tax, effective August 1, 2010.

     (Prefiled by the sponsor(s).)

     Jan 5-introduced in House; to Appropriations & Revenue (H)

HB 113/LM (BR 357) - M. Denham

AN ACT relating to transportation.
Amend KRS 189.030 to require the illumination of headlights during any period of precipitation that necessitates the use of windshield wipers by motorists.

(Prefiled by the sponsor(s).)

Jan 5-introduced in House; to Transportation (H)

HB 43 (BR 180) - J. Richards, C. Hoffman, D. Horlander, D. Keene, Ji. Lee, M. Marzian, R. Meeks, C. Miller, D. Owens, D. Watkins, J. Wayne

AN ACT relating to personal communication devices.
Create a new section of KRS Chapter 189 to define "personal communication device"; prohibit text messaging while operating a motor vehicle; provide for specific exclusions; amend KRS 189.990 to set penalties; provide for a probationary period ending January 1, 2011, during which courtesy warnings will be issued; set fine for violation at $20 to $100 for each offense after the probationary period; exclude court costs.

HB 43 - AMENDMENTS

     (Prefiled by the sponsor(s).)

     Nov 4-To: Interim Joint Committee on Transportation
     Jan 5-introduced in House; to Transportation (H)
     Jan 22-posted in committee
     Jan 26-reported favorably, 1st reading, to Calendar with Committee Substitute
     Jan 27-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
     Feb 2-posted for passage in the Regular Orders of the Day for Wednesday, February 3, 2010
     Feb 3-floor amendment (2) filed to Committee Substitute
     Feb 4-3rd reading, passed 80-16 with Committee Substitute, floor amendment (2)
     Feb 5-received in Senate
     Feb 8-to Judiciary (S)

Vote History
     HCS - Retain original provision of the bill; create a new section of KRS Chapter 189 to prohibit the use of a personal communication device for any person under the age of 18 while operating a motor vehicle; provide for exclusions; set fine for violation at $20-$100; exclude violation from the imposition of court costs; clarify that restrictions on texting and personal communication device use in sections 1 and 2 apply only to vehicles on the traveled portion of a roadway; amend KRS 186.452 and 186.454 to provide that a violation of the texting or personal communication device use prohibition shall add an additional 6 months onto the time a permit or intermediate license holder must wait before advancing to the next stage of graduated license.

     HFA (1, S. Riggs) - Apply the prohibitions on texting while operating a motor vehicle and minors using personal communication devices while operating a motor vehicle only when the vehicle is in motion.

     HFA (2, J. Richards) - Apply the prohibitions on texting while operating a motor vehicle and minors using personal communication devices while operating a motor vehicle only when the vehicle is in motion; specify that an operator of an emergency or public safety vehicle may use a personal communication device only when it is an essential function of the operator's duties.

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