Legislative Bills

Fighting for the Rights of ALL Michigan Motorcyclists since 1976

Legislative Bills

July 2008

HB4675 Introduced by Rep. Michael Sak on April 26, 2007 to require the Michigan Catastrophic Claims Association to comply with the state Freedom of Information Act and the open meeting act, which otherwise apply to public bodies. MCCA is the private entity established to provide reinsurance to cover liability of individual auto insurance companies to pay unlimited medical claims above $400,000 per incident, as requires by the state no-fault auto insurance law.

Reported in the House Dec. 6^th with recommendation that the substitute H-1 be adopted and that the bill then be passed. Passed the house 66-38. Received in the senate 2-26-08

HB4749 Helmet Bill Sponsored by Barb Farrah; Requirement of wearing crash helmets; and provide for a no-helmet permit and sticker under certain circumstances. Passed the Senate 23 15 on Oct. 18^th. Sent to the House on Oct. 23. June 4, 2008 Passed House 70-38 . Now it’s on to the Governors desk. Talk to your LO for any updates.

HB 4982 Ban hand held cell phones. Introduced by Gino Polodori 6/27/07 Reported in the house 5/20/08 with the recommendation that the bill pass.

HB5098 Introduced by Rep. Bettie Scott Aug. 8,07. (Limit injury coverage for helmetless motorcycle riders) To exclude motorcyclists injured while not wearing a helmet from the unlimited personal injury protection (PIP). Referred to house health policy committee.

HB 5243 Require extra insurance for helmetless motorcycle riders. Introduced by Rep. Angerer on Sept. 18, 2007. Be required to perchase and pay for unlimited personal injury protection under the no fault law.

HB 5467 Establish registration category for street rods and custom vehicles. Introduced by Rep. Sheltrown on 11/27/07 passed house 2/27/08 107-1. Received in senate 2/28/08.

HB5108 Exempt Veterans from CPL training. Introduced by Rep. Joel Sheltrown , Aug. 21,2007. To exempt current and former peace officers and honorably discharged veterans who have had pistol training from the states concealed pistol permit training requirement. Passed the house 101 to 7 on May 1, 2008. Referred to the Senate Judiciary committee on May 6,2008.

HB 5510 (Authorize local government business license fingerprinting) Introduced by Rep. John Pastor on Dec. 4^th. To allow governments to require the fingerprinting of business license applicants or licensee’s in certain occupations (which is not defined in the bill), for the purpose of obtaining criminal history record information.

HB5515 (Mandate proof of citizenship for municipal ID) Introduces by Rep. David Agerma on Dec. 4^th., to require a person to show proof that he or she is a US Citizen or is in the country legally before being issued a municipal identification card by a local government.

HB5628 Mandate skiers and snowboarders wear helmets) Introduced by Rep. Constan 1/17/08. Must wear helmets while on the slopes, subject to a $100 fine.

HB 5754 Allow CPL holders to keep and bear tasers. Introduced by Rep. Hansen 2/19/08. To allow holders of a concealed pistol permit to keep and bear electrical devices designed to temporarily incapacitate, or tasers. Referred to house judiciary committee 2/19/08.

HB 5755 To allow concealed pistol permit holders to also be permitted to keep and bear tasers. Introduced by Rep. Rick Jones 2/19/08. Referred to house judiciary committee

HB 5794 Repeal motorcycle helmet mandate. Introduced by Rep. Richard LeBlanc on 2/26/08. To allow individuals choice to ride without a helmet. For further information on this bill contact the LO of your region or anyone on the legislative committee, Jim or myself.

SB104 Right of way bill introduced by Rep. Garcia Jan.30. 2007 Repeal license if right of way violation causes injury. “Justice for All” Reported in the Senate Oct. 24^th with recommendation that the substitute be adopted and that the bill then pass. Passed the Senate 38-0 on Dec. 4^th. Referred to House Transportation Committee.

SB 291 Enhanced sentence for gang crimes. Introduced by Senator Kahn passed senate 38-0 on 2/21/08. Referred to house judiciary committee 2/21/08. Still there as of 5/9/08!

SB 296 Regulate children’s ORV use in certain organized events. Introduced by Senator Jelinek on 3/1/07. Reported in senate 3/05/08 with recommendation that the bill pass. Passed senate 3/12/08, 37-0 Reported in the house 4/29/08 recommendation that the sub.H-1be adapted and the bill then pass. May 27 sub. Accepted in the House—June 3, 2008 passed in the house 88-19.

SB 660-661 Enhanced sentence for gang crimes. Introduced by senator Jansen passed senate 30-0 on 2/21/08. Referred to house judiciary committee 2/21/08. Still there as of 5/9/08

SB1036 Introduced by Sen. Ray Basham on Jan. 22,2008. Ban hand held cell phones while driving . This bill would not ban the use of a hands-free cell phone while driving. Referred to senate transportation committee on Jan. 22,2008.

SB1066 Allow drivers training as alternative to “points”. Introduced by Sen. John Pappageorge on 1/30/08. To establish that an individual cited for a moving traffic violation (with some exceptions can avoid getting “points” by taking a basic driver improvement course prescribed by the state. Reported in Senate 3/5/08.

If you have any bills that you would like to have looked into further please feel free to contact any member of our ABATE Legislative Committee. Or if there is a bill that isn’t listed tell me about it and I will check it out.

June 2008
Patty Rahn

HB4505 (Show citizenship on drivers license) Introduced by Rep. Ward on March 21, 2007. Passed House February 7, 2008 103-2. Passed the Senate 38-0 on 2-14-08. Received back in the House and passed 99-5 same day.

HB4675 Introduced by Rep. Michael Sak on April 26, 2007 to require the Michigan Catastrophic Claims Association to comply with the state Freedom of Information Act and the open meeting act, which otherwise apply to public bodies. MCCA is the private entity established to provide reinsurance to cover liability of individual auto insurance companies to pay unlimited medical claims above $400,000 per incident, as requires by the state no-fault auto insurance law. Reported in the House Dec. 6^th with recommendation that the substitute H-1 be adopted and that the bill then be passed. Passed the house 66-38. Received in the senate 2-26-08

HB4749 Helmet Bill Sponsored by Barb Farrah; Requirement of wearing crash helmets; and provide for a no-helmet permit and sticker under certain circumstances. Passed the Senate 23 - 15 on Oct. 18^th. Sent to the House on Oct. 23. Still no action yet. Talk to your LO for an up-date.

HB5098 Introduced by Rep. Bettie Scott Aug. 8,07. (Limit injury coverage for helmetless motorcycle riders) To exclude motorcyclists injured while not wearing a helmet from the unlimited personal injury protection (PIP). Referred to house health policy committee.

HB 5243 Require extra insurance for helmetless motorcycle riders. Introduced by Rep. Angerer on Sept. 18, 2007. Be required to purchase and pay for unlimited personal injury protection under the no fault law.

HB 5467 Establish registration category for street rods and custom vehicles. Introduced by Rep. Sheltrown on 11/27/07 passed house 2/27/08 107-1. Received in senate 2/28/08.

HB5108 Exempt Veterans from CPL training. Introduced by Rep. Joel Sheltrown , Aug. 21,2007. To exempt current and former peace officers and honorably discharged veterans who have had pistol training from the states concealed pistol permit training requirement. Passed the house 101 to 7 on May 1, 2008. Referred to the Senate Judiciary committee on May 6,2008.

HB 5510 (Authorize local government business license fingerprinting) Introduced by Rep. John Pastor on Dec. 4^th. To allow governments to require the fingerprinting of business license applicants or licensee’s in certain occupations (which is not defined in the bill), for the purpose of obtaining criminal history record information.

HB5515 (Mandate proof of citizenship for municipal ID) Introduces by Rep. David Agerma on Dec. 4^th., to require a person to show proof that he or she is a US Citizen or is in the country legally before being issued a municipal identification card by a local government.

HB5536 Authorize enhanced passport like drivers license and state ID. Introduced by Rep. Ed Clemente on Dec. 6, 2007. To establish sentencing guidelines for the crime proposed by HB5535 of making fraudulent certification or statement in applying for the enhanced drivers license or state ID. Passed house 105-0 2/7/08 Passed Senate 2/27/08 Signed by Gov. Granholm 3/13/08.

HB5628 Mandate skiers and snowboarders wear helmets. Introduced by Rep. Constan 1/17/08. Must wear helmets while on the slopes, subject to a $100 fine.

HB 5754 Allow CPL holders to keep and bear tasers. Introduced by Rep. Hansen 2/19/08. To allow holders of a concealed pistol permit to keep and bear electrical devices designed to temporarily incapacitate, or tasers. Referred to house judiciary committee 2/19/08.

HB 5755 To allow concealed pistol permit holders to also be permitted to keep and bear tasers. Introduced by Rep. Rick Jones 2/19/08. Referred to house judiciary committee.

SB 291 Enhanced sentence for gang crimes. Introduced by Senator Kahn passed senate 38-0 on 2/21/08. Referred to house judiciary committee 2/21/08. Still there as of 5/9/08!

SB 660-661 Enhanced sentence for gang crimes. Introduced by senator Jansen passed senate 30-0 on 2/21/08. Referred to house judiciary committee 2/21/08. Still there as of 5/9/08.

SB 996 Mandate proof of citizenship for state ID. Introduced by Senator Cameron Brown 12/6/07. Passed senate 37-0 on 2/06/08. Passed House 108-0 on 2/27/08 received back in senate to concur with house, passed version on 2/28/08. Passed senate 37-0 on 2/28/08. Signed by governor March 13,2008.

*****
May 2008
Patty Rahn

HB4749 Helmet Bill Sponsored by Barb Farrah; Requirement of wearing crash helmets; and provide for a no-helmet permit and sticker under certain circumstances. Passed the Senate 23 - 15 on Oct. 18^th. Sent to the House on Oct. 23. Still no action yet. Talk to your LO for an up-date.

HB 5467 Establish registration category for street rods and custom vehicles. Introduced by Rep. Sheltrown on 11/27/07 passed house 2/27/08 107-1. Received in senate 2/28/08.

HB5535 Authorize enhanced passport-like drivers license and state ID. Introduced by Rep. Tobocman Dec.6,2007. Application fee would be $50 . Passed house 2/7/08 104-1, passed senate 2/27/08 37-0, received in house 2/27/08 passed house with new amendment 2/28/08 101-3. Signed by governor March 13, 2008.

HB5628 Mandate skiers and snowboarders wear helmets) Introduced by Rep. Constan 1/17/08. Must wear helmets while on the slopes, subject to a $100 fine.

HB 5755 To allow concealed pistol permit holders to also be permitted to keep and bear tasers. Introduced by Rep. Rick Jones 2/19/08. Referred to house judiciary committee.

SB79 Eliminate vehicle registration signature requirement. Reported in the senate March 28, 2007 with recommendation that the bill pass. Passed the Senate April 17, 2007. Passed the Senate 36 to 0 and passed the House 108- 0 Nov. 6^th. Sign by the governor Nov. 19, 2007

SB 291 Enhanced sentence for gang crimes. Introduced by Senator Kahn passed senate 38-0 on 2/21/08. Referred to house judiciary committee 2/21/08. Still there as of 4/8/08

SB 296 Regulate children’s ORV use in certain organized events. Introduced by Senator Jelinek on 3/1/07. Reported in senate 3/05/08 with recommendation that the bill pass

SB 660-661 Enhanced sentence for gang crimes. Introduced by senator Jansen passed senate 30-0 on 2/21/08. Referred to house judiciary committee 2/21/08. Still there as of 4/8/08 !

Gang Bill

Did you know that if you belong to H.O.G., the BMW Owners Group, the Goldwing Road Riders Association, the Vietnam Veterans MC, the Christian Motorcycle Club of America, the U.A.W., Teamsters, D.A.R., Abate of Michigan, the Democratic Club of Oak Park-Huntington Woods, or the Masons, you would be considered to be a member of a “gang” according to legislation passed by the Michigan Senate on February 21, 2008, and now pending before the Michigan House?

SB 291, provides that “If an individual who is an associate or a member of a gang commits a felony or attempts to commit a felony and the individual’s association or membership in the gang provides the motive, means, or opportunity to commit the felony, the individual is guilty of a felony punishable by imprisonment for not more than 20 years.” SB 660 provides that “(1) A person shall not cause, encourage, recruit, solicit, or coerce another to join, participate in, or assist a gang in committing a felony. A person who violates this subsection is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. (2) A person shall not communicate, directly or indirectly, to another person a threat of injury or damage to the person or property of that person or to an associate or relative of that person with the intent to do either of the following: (a) Deter the other person from assisting a gang member or * * associate of a gang to withdraw from the gang. (b) Punish or retaliate against the other person for having withdrawn from a gang. (3) A person who violates subsection (2) is guilty of a felony punishable for not more than 20 years or a fine of not more than $20,000.00, or both. (4) A sentence imposed under this section is in addition to a sentence imposed for the conviction of another felony or attempt to commit a felony arising out of the same transaction and may be ordered to be served consecutively with and preceding a term of imprisonment imposed for the conviction of that felony or attempt to commit that felony.”

Here’s the kicker: The term “gang” in both bills is defined in the bill as “an ongoing organization, association, or group of 5 or more persons that identifies itself by all of the following: (i) A unifying mark, manner, protocol, or method of expressing membership, including a common name, sign or symbol, means of recognition, geographical or territorial sites, or boundary or location (ii) An established leadership or command structure, and (iii) Defined membership criteria.” A “gang member” or “member of a gang” means “a person who belongs to a gang or who knowingly performs, aids, or abets the gang in the commission of a felony or felonies.”

I defy any reader to find any organization that she or he belongs to that does not meet the criteria above. This bill has thus far passed under the radar screen of a number of organizations such as the ACLU and others and is now pending before the State House. The State House is considering those bills and is also considering HB 4459, which states: “(1) If an individual who is an associate or a member of gang commits a felony and the individual’s association or membership in the gang provides the motive, means, or opportunity to commit the felony, the individual is guilty of a felony punishable as follows: (a) Except as otherwise provided in subdivisions (b) and (c), imprisonment for not less than 2 years or more than 20 years. (b) If the individual has 1 prior conviction for violating this subsection, imprisonment for not less than 5 years or more than 20 years. * * © If the individual has 2 or more prior convictions for violating this subsection, imprisonment for not less than 10 years or more than 20 years. (2) As used in this section, “gang” means a group of individuals, including, but not limited to, individuals less than 18 years of age working to unlawful or antisocial ends. (3) A sentence imposed under this section is in addition to the sentence imposed for the conviction of the underlying felony or the attempt to commit the underlying felony and may be ordered to be served consecutively with and preceding any term of imprisonment imposed for the conviction of the felony or attempt to commit the felony.” To those of you who have been Sherlock Holmes devotees, like me, you would be aware that Holmes’ brother, Mycroft, belonged to a club called the Diogenes Club. In that club’s private rooms (clubhouse?) facilities no one could talk to one another or otherwise communicate. The club was devoted to antisocial devotees. Under this bill the club would be a gang. Any group that wanted to change social norms such as, say, motorcycle rights organizations such as Abate of Michigan, the MRF, civil rights groups, union organizing groups in right-to-work states, church missionary groups in Jewish sections of Brooklyn, would be gangs. People acting rude would be gangs.

Both bills are disasters. The odds are that, if passed, they would be declared unconstitutional because they paint their targets with brushes that are far too wide to pass muster. But they should never have gotten this far. No respectable legislator, Republican, Democrat, or other, should ever have lent their name to such trash. Be that as it may, the bills are now pending before the Michigan House Judiciary Committee. That committee is chaired by Representative Condino and vice-chaired by Representative Coulouris. Other members are Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker (Min VC), David Law, Eisenheimer, Stakoe, Rick Jones, and Sal Rocca. These members should be immediately contacted and urged to make sure that those bills never hit the house floor and die. The contact information for these representatives can be located online at http://house.michigan.gov/replist.asp.

Until next time, ride safe and free!

Lawrence S. Katkowsky, known as “Katman”

A.B.A.T.E. Of Michigan Inc.
P.O. Box 309 Milford, MI. 48381-030