Januaryr2008 ABATENY.pub
Transcription
Januaryr2008 ABATENY.pub
American Bikers Aimed Toward Education ABATE of New York, Inc. P.O. Box 300 Walker Valley, NY 12588-0300 NON-PROFIT Org. U.S. Postage PAID Rochester, NY Permit No. 1039 Onondaga’s 2008 Officers Dedicated to Freedom of the Road ISSUE 1 www.abateny.org Writer Januar y 2008 The Freedom ABATE OF NEW YORK ABATE of New York, Inc. 2008 State Officers 2008 State Appointees President Newsletter Editor Tim “Roadkill” Werder 845-744-6346 rdkil@frontiernet.net Pam Wright 315-923-3422 abateny@verizon.net Vice President Webmaster Beth Michaelsen 585-293-2086 beth_michaelsen@yahoo.com Treasurer John Cholewa 845-483-0121 nomad2000@hvc.rr.com State Office Manager Pete Smith 315-794-2181 bulletboy_1999@yahoo.com Chris Werder Secretary P.O. Box 300, Walker Valley, NY 12588-0300 Kathy Grasby 585-728-5246 kathyg9898@yahoo.com Toll Free: 888-344-4400 cwerder@frontiernet.net Legislative Coordinator Pam Wight 315-923-3422 abateny@verizon.net Sergeant at Arms Mike Grasby 585-728-5246 michaelg9898@yahoo.com What Is ABATE? American Bikers Aimed Toward Education is a not for profit corporation formed to promote and protect the interests of New York state motorcyclists. ABATE monitors and interacts with the legislative process, enhancing the image of motorcycling, and provides educational and social opportunities for members and non-members. ABATE will continue to strive to stay acquainted with the issues and the people of the motorcycling community. Public Relations Doc O’Rourke 315-942-5530 orourtket@twcny.rr.com Western Region A Coordinator Shawn Fenner 585-370-4515 Elmo4fun@yahoo.com Central Region B Coordinator Open Cnic Region C Coordinator Tom Alton 315-342-2446 kc2bwd1alfy@peoplepc.com We encourage all our members to be informed registered voters. ABATE of New York, Inc. supports the Motorcycle Riders Education classes currently being offered throughout NYS. We welcome interested people to any of our activities and to join our organization. All makes and models of motorcycles are welcome. Region D Coordinator Open Region E Coordinator Dave Kipp 518-634-2943 crazydk6669@aol.com Hudson Valley Region F Coordinator Open Metro NY/LI Region G Coordinator Open Lighter counties have chapters. For information 1-888-344-4400 Page 3 www.abateny.org Guidelines for Newsletter Submission Aims & Purposes Articles submitted must benefit motorcycling and/or ABATE of New York in a positive way. To review and inform members about federal, state, and local levels of government motorcycle legislation and to promote favorable motorcycle legislation. The Freedom Writer welcomes submissions from our readers. Your submissions will be printed of the basis of content and space available. We reserve the right to edit submissions for grammar, profanity, clarity, and length. The Editor is responsible for editing any article or information submitted that is detrimental to the Aims and Purposes of ABATE of New York, Inc.. Do not send copyrighted material without permission of author. To improve road conditions thus making roads safer for motorcyclists. To help prevent accidents through education and public awareness. To promote positive community relations. To promote political involvement of motorcyclists. To act as an legislative liaison between motorcyclists and government authorities, police departments, government agencies, insurance companies, and other organizations. To report and discourage biased news reporting about motorcyclists. To present and promote better image of motorcycling. Photographs will not be returned. Please send a caption with each photo submitted. Email attachments are the best way to send photos. Dedicated to Freedom Of the Road THE FREEDOM WRITER Editor: Pam Wright Phone: 315-923-3422 Email: abateny@verizon.net Advertising Manager Stuart Nicoll 585-4269452 ABATE-ADS@rochester.rr.com Dates To Remember NEXT NEWSLETTER DEADLINE Material must be received no later than: February 1st for the March 2008 issue The Freedom Writer is the official publication of ABATE of New York, Inc., circulation 3000. This newsletter is published 6 times a year and mailed free of charge to all full members, sponsors, and advertisers. Sorry, we can not print your material after the deadline. Late submissions may be printed in the next issue, if applicable. Scheduled newsletters come out on: January, March, May, July, September, and November Starting Time: 1:00 pm NEXT STATE CHAPTER MEETING DATE February 16, 2008 Legion Post 80, 76 Main St. Binghamton, NY 13905 Deadlines: December 1 for January issue February 1 for March issue April 1 for May issue June 1 for July issue August 1 for September issue October 1 for November issue Promoting Motorcycle Safety, Awareness & Education ABATE of New York, Inc. Open to all ABATE of New York members. ABATE of NY State Office Manager Chris Werder P.O. Box 300 Walker Valley, NY 12588-0300 1-888-344-4400 cwerder@frontiernet.net Page 4 ABATE of New York supports the rights of ALL Motorcyclists in New York State NYS’s Motorcycle Rights Organization Important ABATE of New York Issues Self Funding Newsletter: Can the newsletter pay for it’s self with advertising? No. We don’t pay income tax on the newsletter but we do pay tax on the ad income. The more we raised our advertising or the amount of ads, it would cost us in the long run by paying income tax on it. ABATE of NY Seminar: If you haven’t made your reservation call now (607) 687-4500, mention ABATE of New York to get the discount. If the Owego Treadway Inn becomes full, members can get rooms in the Holiday Inn (607) 687-9000 across the parking lot or at the Hampton Inn (607) 687-4600. If you are not caught with your financial records, bring them to the seminar. Only Board officers have to attend the Friday meeting at the seminar. New York Legislation: Legislative Bill numbers changed every two years except for the Bills signed into law. This year will be the year for new Bill numbers. New York Legislation Calendar is from January till June. The legislation session at the seminar will be different this year. There will be 2 hours (minus breaks) of New York legislation and two hours of federal legislation in a session with Lynn Wesley from PA ABATE will be doing an afternoon general session for everyone called Bad Moon Rising about Federal Legislation and how it can effect us on a state level. (Normally is 4 hours of NY legislation.) More legislation on page 28. New York State Assembly Bill Information http://assembly.state.ny.us/leg/ Senator Clinton's Website http://clinton.senate.gov/ New York State Senate http://www.senate.state.ny.us/ Senator Schumer's Website http://schumer.senate.gov/ Motorcycle Riders Foundation http://www.mrf.org NY Bill Status Hotline 800-342-9860 For information 1-888-344-4400 Page 5 www.abateny.org State Board and Chapter Reports STATE PRESIDENT +I hope everyone's bikes are stored safely away during the cold season, and that those who continue to ride through the winter are able to do so safely. Dress properly, heighten your awareness sufficiently, and watch out for the icy spots. Elections have resulted in minimal changes to the State Board, and I want to thank everyone for their continued faith in our abilities. Several key areas, however, received no nominations, and I'd like to mention them briefly once again: Central Region B Coordinator (Broome, Cayuga, Chemung, Onondaga, Schuyler, Seneca, Tioga, Tompkins); Adirondack Region D Coordinator (Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, St. Lawrence, Warren, Washington); Hudson Valley Region F Coordinator (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, Westchester); Metro NY/LI Region G Coordinator (Bronx, Brooklyn, Kings, Nassau, Queens, Richmond, Suffolk). Generally desired of a Regional Coordinator is the incumbent's ability to provide administrative and legislative assistance in maintaining the Region's overall integrity, from Chapter down to the individual member level, regardless of Chapter or non-Chapter involvement, and reporting thereof. There is a time involvement at the Board Level. State Chapters meetings are the 3rd Saturday in Feb/May/Aug/Nov and State Board meetings are the 3rd Sundays in Mar/Jun/Sep/Dec, and mileage reimbursement is provided for all state-level meetings. If you feel you could be an asset to the Board in one of these positions, please contact me. The Member Milestone Certificate program is running smoothly. For reminder, those attaining 10-, 15-, and all +20-year membership are awarded letters of thanks accompanied by a milestone certificate. Sponsorship remains low, and we welcome additional participation. Sponsors receive letters of thanks and certificates, and recognition in the newsletter. Keep your eyes and ears peeled for additional benefits of membership that are surfacing, including the new no-cost Accidental Death & Dismemberment (AD&D) benefit from National Income Life Insurance Company, detailed in the State Office Manager's report. There's also a new annual member scholarship provided by Mitch Proner, of Proner and Proner detailed elsewhere in the newsletter. We're proud to be able to provide these to you, and will continue to strive to enhance your benefits of membership. Ride on. ROADKILL Stan’s Harley Davidson, Inc. BEVERAGE COMPANY, INC. 4425 W. Saile Dr. Batavia, NY 14020 Box 1035 1043 Co. Rt. 25 Oswego, NY 13126 (315) 343-5221 Fax (315) 343-9464 Daniel E. Dorsey President Phone: (585) 343-9598 Store Hours: Mon. 9-6 Tues. 9-8 Wed. 9-8 Thurs. 9-8 Fri. 9-6 Sat. 9-4 Closed Sundays ABATE of New York, Inc. Page 6 Visit us online at: www.stanshd.com NYS’s Motorcycle Rights Organization STATE VICE PRESIDENT Well 2008 is quickly approaching and I am hoping it will be an even bigger and better year for ABATE then last year was. First off I would like to thank all of the chapters that voted for me to continue my legacy of Vice President. Your vote of confidence has only encourage me to continue what I am doing and to further promote ABATE of New York's mission for Motorcycle Rights and Safety. Our State Seminar is Jan. 11-13. I was able to have Paul Cote from Massachusetts join us in our general session to discuss No Fault Insurance and New York State. Lynn Wesley from PA ABATE will be doing an afternoon general session for everyone called Bad Moon Rising about Federal Legislation and how it can effect us on a state level. Lynn is the Pennsylvania MRF Rep and Paul was a former Board Rep for the MRF and is also running for the AMA North East District Representative. After these sessions we will have our break out sessions for Presidents and Regional Coordinators (done by Roadkill and Tom Alton), Treasurer's (done by Pete), membership (done by Chris Werder), Legislative officers (done by Prospector and Pam Wright the new Legislative Officer for 2008), and Public Relations (done by Suzi Q from Monroe County ABATE). Shortly after the sessions we will have a dinner and a silent Auction. This is where You and your chapters can Donate any items for the auction. the winners will be announced during and after dinner. If you or your chapter have anything they would like to donate please either bring them to the State Seminar to give to me or another State Seminar Committee member (Chris Werder, Shawn Fenner, Mike Cavuoto, and The "Professor"). The committee is still deciding at this time how the monetary donations from the Auction will be used for ABATE. I will have more information on that on the New York ABATE officer group site before the seminar in Jan. I look forward to this seminar and hope it will be a beginning for new trends for future seminar events. Speaking of future events I hope you are all planning on attending the New York ABATE State Party. It may be in a new location and I have great expectations from the committee on this and am sure it will be a great time. There will be more info on this event down the road. dom Video, increasing benefits for chapters and members, By-law/guidebook re-constructing). Anyone who would like to participate on any of these projects is more then welcome to help out any way they can. We have to remember we are a team and it cant all be done by just one person. Recently I viewed a PDF of the New York State Governors Highway Traffic Safety Committee Strategic Plan for 2008. We need to pay close attention to this and find a way to contact this committee to get involved with their plan. the link to the file is www.nhtsa.dot.gov/nhtsa/whatsup/ SAFETEAweb/pages/SafetyPlans.htm It is very lengthy but it mentions the SAFETEALU Grant that was started back in 2005. There is a whole section on motorcycle safety and it needs to be reviewed and discussed by ABATE of New York in order for us to have a working relationship with this committee and give them our input and possibly maybe even have them help us promote our mission as well. This is going to be a long slow agonizing process for us but it is something I feel we need to keep a close eye on and make sure we are involved in it as well. Last year I made a promise I was going to go to at least one event from every chapter. I have not given up on this promise. In December I even made it out to NYC to the International Bike Show where Long Island ABATE had a booth. So please keep me informed of what your chapter is doing and I will try to get there. I feel it is important for everyone to remember that communication is important and I believe in an open door policy and want to keep it that way. I am hoping that 2008 ABATE will continue to grow and improve. We have come a long way in just one year and am proud to say I was part of the process of getting us where we are today. 2008 will be a year that ABATE will not only grow but will become recognized more then we have and that is my ultimate plan for 2008. I want every club, every legislator, every person who rides, to know who we are and what we stand for. Welcome to the New officers of ABATE and congratulations to all of you who have gotten us to where we are today. Beth I plan on continuing the committees I am involved in right now ( Contract Committee, RE-districting Committee, State Seminar, State Party Committee, Tax Status and Grant committee) and will also be looking for volunteers for future projects as well ( making the Five Steps for FreeFor information 1-888-344-4400 Page 7 www.abateny.org Western Region ABATE Meeting and his concern is to make sure that these riders are not causing problems for others. October 25, 2007 Medina, NY Chautauqua - 43 Buff Erie - 251 Monroe - 295 Niagara -104 Orleans - 73 Wayne - 46 Total 1139 strong ! Ontario Chapter is trying to get the sport bike riders to join or at least let them know what is expected in the area. We are doing better now than we were in the beginning of the year. Finger Lakes - 223 Ontario -104 Mike Cavuoto started the meeting at 7:35 by thanking all who attended tonight and in the past. Also thank you for all of your support. Mike took over when Hoss passed away and I am glad that Shawn is taking over and I feel he will do a good job as your new western region A coordinator. Mike also did a chapter roll call; Chapters Present are, Buff- Erie, Finger Lakes, Monroe, Ontario and Orleans. Chapters Absent Chautauqua, Niagara, and Wayne is not going to make it due to working nights. Wayne sent an e-mail to let us know what is going on. They have persons nominated for all officer positions except Vice President and public relations. Our last event was the Hoss Deperez memorial ride and all the proceeds are going to be donated to the Diabetes Foundation. We have in writing a full slate of events for the 2008 riding season. Please check our web site after elections for information. We are hosting dinner on Thanksgiving for two needy families. Our Treasury is getting stronger and if you have any questions, please feel free to contact me. Mike has a list of members for the western region that is sent by Chris the office manager. Mike listed the count of members. It appears that we are all dropping members. Maybe we could find out who may have dropped and try to get them back. Chris sends out at least 2 notices to each member and the local membership person also should send out a notice. Michael J Grasby Sr. states that maybe if a chapter has a list of lost members, maybe you should contact Chris to find out if she can help with the reason why. There were many discussions about membership and most was about the renewals. Also note that the membership dates have been changed from the beginning of the month to the end of the month. There was also discussion on e-mail address and giving them out to the wrong person. Editor Note: emails only go membership officer Finger Lakes Chapter will not give any e-mail address out to anyone. If someone wants a e-mail address we tell them to contact the person and ask for the address. Chapter reports will be discussed more at the beginning of the year. The four chapters present have met their goals for 2007. ABATE needs to set goals for the New Year and do our best to stick to the goals. Monroe Chapter has a lot going on, between political issues, and now for the 1st time in ABATE history endorsing candidates, Mike is working on a rating system with help from a few others, to see who is with us for what we do and stand for and who is not. Holiday party is underway for Nov 24th all are welcome to attend. Skin and Steel is underway as well, this year a live band and a all around better show. All of the Chapters in the region are doing what they can to keep or get new members. It is a slow process. Finger Lakes Chapter is doing well and the next event will be the Christmas Party. We each donate a new toy at the party and they go to those who need the help. We have dropped our Swap Meet since we can't get the help needed, but we will survive and keep going. CMA is also part of Finger Lakes and they help out ringing the bell for the Salvation Army and some of the other members help out. Buff – Erie is doing well, most of the members are happy. We did our toys for tot ride and we are buying 2 bicycles to give away. There was some talk on the rebate money and how can we change it to get and keep members. Maybe we could give a rebate to the chapters for not only new, but also for the renewed members. Some time ago State ABATE would raffle a motorcycle and would make about $1,000.00. Now we get nothing. With the rebate, it may help a Chapter retain their members. There was some discussion on the nominations at the last meeting and the fact that we still have some open positions. There was a discussion on the motorcycle stop at the rest stop in Fishkill, NY. We all need to watch out for our selves and make sure that all is legal. Talk on the police video taping license plates at Skin and Steel and the swap in Batavia. Orleans had a good year and was able to bring up the treasury and keep together. There was a discussion on the meeting place. Shawn stated that he would like to have a place along the expressway. At this time Varysburg is having problems with the police and the noise. It may cause us some problems also. Maybe we should keep looking for a more convenient place to meet and talk more later, and stay here for now. Mike’s report to the state will be that the Western Region is doing well at this time. Kathy feels that there should be a written report from each Region. This is the only Region that sends in a report. Maybe they are not having a Region meeting any where else. Finger Lakes have a Road Captain in place for the sport bikes ABATE of New York, Inc. Page 8 (Continued on page 29) NYS’s Motorcycle Rights Organization Chapter Reports Wayne County Chapter Hey Everyone Congratulations to everyone that was elected to any office of ABATE. With elections over it is time to get back to business. What does that mean? Well for most it means that we should start thinking about what we are going to do next year, for others it means that we should be thinking about what our politicians are either doing for us or worse what they are thinking about doing to our rights. It is time to ask your respective legislators, who are either in Washington or our very own capital, what are you going to be doing on our behalf. I believe that if we wait and take what they may want to give us it will be too late to alter their respective minds for the things we really want. Take for instance, the Right of Way Bills that have floundered here and there. How about the national helmet law? How about any other law that might take our freedoms away? THINK -ACT-DO I would like to take this opportunity to thank all of the officers that have served during this past year here at Wayne. They have done a remarkable job. Every one of them has made sacrifices to enable our chapter to get back on its feet and forge new paths to the future. I know I am looking forward to my sophomore year as president. With the help of people like Pam and Jim Wright, I didn’t make too many mistakes. They have been a valuable asset to Wayne. Our new officers are going to be able to step in and take off running because of the inroads we made this year. Also thank you Ontario and Monroe for taking the time to help us as well For most of us here in upstate, riding season has passed. It is time to winterize our scooters. I don’t really want to but it has to happen. I am sure that everyone knows the right things to do, like take out the battery, put some stabilizer in the tank, change the fluids, and tuck them away right. Good luck. Last thing I would like to say is have you thought about your driving habits? With winter about to give us fits it is really time to assess how we drive. I am sure most of you know that accidents are caused by the faults of anyone that is not really paying attention to what is important. Always give plenty of time to get where you are going, you never know what may lie ahead. Here is a question for you how much time will you save if you pass the vehicle in front of you, if you can’t stop when you have to? How many times has someone passed you and you see them at the next light? Try to think about it, you can actually save time if you just drive safely. OK, off of the soapbox. Well I hope that everyone in ABATE and their respective families have a very merry and safe holiday season. Until next year think sunshine. Joe “JimBob” Weber Tompkins Chapter Toy Run to benefit the Pediatric and Adolescent Unit of the Cayuga Medical Center We’re beginning our summer planning in Tompkins County for 2008 with more rides, more events and more fun. Accomplishments in 2007 included: two very successful chapter rides, our web ride which raised enough money to pay for our web hosting service for another year, and our Toy Run, which provided many needed toys for the Cayuga Medical Center. We successfully overturned the city of Ithaca’s ruling to ban motorcycle parking in all downtown garages, we wrote letters to Hinchey regarding the caucus, we continue to move forward on applying for a safety grant, we had a somewhat successful Poker Walk, the five that attended had fun anyway, chapter elecFor information 1-888-344-4400 Page 9 www.abateny.org Monroe Chapter’s Legislation Report (Tompkins Report Continued from page 9) tions were held and we are all looking forward to the state seminar. We commend the actions of the state to address the issue of chapter reimbursement for member renewals and feel confident this decision will entice several of our previous members to renew their membership and become active in the chapter once again. Chapter officers for 2008 would like to take this opportunity to express our appreciation for those who stepped up once again to ensure the successful running of our chapter, especially Linda, our treasurer, membership secretary and general all around officer who gets stuck doing what no ones else wants to do, yet continues to help hold the chapter together with her diligence and dedication . 2008 officers will continue to formulate ways to entice new members, promote the chapter, enhance our safety objectives and remain vigilant on motorcycle legislation issues and concerns. We wish everyone a successful year ahead and extend an open invitation to our neighboring chapters for all our upcoming events. Have a safe joyful holiday season, The traffic stats are out for 2006 and they don't look that great, 190 motorcycle deaths in over 5,700 motorcycle accidents, 316 pedestrian deaths in over 15 thousand pedestrian accidents 46 bicyclist deaths in 5,500 bicycle accidents. New York State had 1,435 death on the highways. In Monroe County had over 5,500 crashes, 328 pedestrian crashes, 268 bicycle cashes and 193 motorcycle crashes. The GHTSC (governors highway traffic safety committee) is looking at unlicensed motorcycle operation. They can't figure why motorcyclist are not getting motorcycle endorsement on their drivers license. Maybe they just need to walk through the procedure once. The elections county wide for 2007 were the republicans Jan ABATE of New York, Inc. First, Congratulation to ABATE of Michigan for getting their helmet legislation through the state house again. We in New York wish you the best of luck getting your legislation past Governor Jennifer Granholm's veto. ABATE of New York knows the feeling of one person rule on the helmet issue with the yearly tabling of the NY helmet bill by Assemblyman David Gantt in the transportation committee. (Continued on page 11) Page 10 NYS’s Motorcycle Rights Organization (Monroe Legislation Continued from page 10) hold the suburbs and the democrats hold the city. The democrats were gaining ground in the county legislature but the Republicans still hold a majority. With Assemblyman Morelle running the democratic party in Monroe County their seems to be a strong personal style, but a clear lack of candidates to run for the leadership offices county wide. This lack of a candidates to run for County Executive is the case in point and in two years no one to run for Sheriff or County Clerk. The Democrats were glad handing themselves all around with the Mike Green victory in the District Attorney race, but Green is a transplanted republican This is evidenced by the fact that back in 2003, when former District Attorney Howard Relin announced he would not seek reelection, Mr. Green (a lifelong republican married to a lifelong republican) jumped to the democrats to obtain the nomination for the Office of District Attorney. So what’s the difference? The Monroe ABATE chapter gave it's backing to Cara Briggs for the District Attorney office after Green and his staff blew the prosecution of James Talben, the three time the limit drunk County Sheriff Deputy that Killed motorcyclist Peter Volkmuth. Monroe County is not better off with Green in the DA's office. At the county level ABATE will pursue legislation that will lower the BAC level for all county employees to the same rate as that of commercial vehicle drivers (0.05). We can all thank James Telban for that! back candidates. Monroe ABATE will be announcing candidates to run against Gantt soon. I encourage all ABATE members to become politically involved regardless of party affiliation. Every town has a political committee and you as a motorcyclist will fit right in. If your town doesn't have a committee for your party start one. I was in Washington, DC for the MRF (Motorcycle Riders Foundation) press release on November 15th. It was all about the NTSB newly found interest in Motorcycle Helmets. After investigating only SIX motorcycle crashes in forty years, the NTSB has made a recommendation for mandatory motorcycle helmet laws in all fifty state. While at the capital I took the time to visit with several Members of Congress. I had a personal visit with Congressman Tim Bishop and his Senior Legislative Assistant Mark Copeland. We discussed all the motorcycle related federal legislation. Congressman Bishop said the he remembered how helpful ABATE was in his election in 2002 and he would not forget it. WOW! I discussed the issues with Chris Wilcox the Legislative Counsel for Congressman Arcuri. I also made contact with all offices of the Congressional Representatives from Monroe County, Reynolds, Walsh, Kuhl and Slaughter. George Gorman Federal Legislative officer ABATE of Monroe County NY ABATE member David Dunning won the election to be town supervisor in the Town of Chili, NY. Chili had written the most punitive off road motorcycle legislation in the Nation under a pervious supervisor Steve Henderschott. The town has been trying to rewrite the law after many court Cases. I know that Dave will bring a level of common since to a town board that has been confused on this issue for years. The 2008 elections is what Monroe ABATE is gearing up for now with our newly rediscovered tax status. ABATE can endorse candidates. ABATE can rate candidates on performance and issues. ABATE can financially JOSEPH SANDERS AGENCY, Ltd. COMPLETE INSURANCE SERVICES Programs for all Bikes and all Riders Specialty Policies for Customs & Harleys 3741 Dewey Ave Rochester, NY 14616 Corner English Road Historic Seeber’s Sales - Service - Parts Motorclothes - Accessories Established in 1905 America’s Oldest Motorcycle Dealership Phone: (718) 447-4009/0763 Fax: (718) 727-3507 Tavern “ Good Booze At Good Prices ” AUTHORIZED DEALER Main St., Smithville Flats, NY 13841-0027 www.Lombardi-HD.com For information 1-888-344-4400 karen@joesanders.com Call Us for All Your Insurance Needs – Personal & Business FRANK LOMBARDI & SONS, INC. 442 Bay Street, Staten Island., N.Y. 10304 585-663-0850 585-663-1533 (fax) Rooms Page 11 (607) 656-4697 www.abateny.org State Office Manager I hope everyone enjoyed the Holidays. I would like to inform the membership of the status of some added benefits. First, a motion was passed several months ago concerning membership longevity. Any member who has reached their 25th year will become Charter Life Members in ABATE of NY. They will receive a life patch in addition to their card and pin, and all annual membership dues will then be waived. These are automatically being generated through the State Office. I’ve also redesigned the membership cards for “Lifers” to include a color logo & gold border. The only thing you will need to do is ensure that you keep the State Office informed of any address changes, as you will no longer receive renewal letters. Also, the no-cost Accidental Death & Dismemberment (AD&D) benefit newly announced by the State Board (provided by National Income Life Insurance Company) will be administered through the State Office, and the benefit packet will be mailed to all members shortly; all that you are asked to do is complete and mail the enclosed information card. Also new is the annual Proner/ABATE Activist Scholarship Award, which will also be administered through the State Office. Look for details and sample nomination and application forms elsewhere in this newsletter issue. Call the State Office for originals and to permit requests to be logged. If you have any questions about membership or benefits, please call the State Office at 888-344-4400, or email me at cwerder@frontiernet.net Chris Werder, State Office Manager Monroe ABATE Jeff Metz Public Relations Officer 2008 Colleen Road Capt. for 2008 Scoooch Legislative Officer 2008 Gowanda Harley-Davidson, Inc. 2535 Gowanda Zoar Rd. Gowanda, NY 14070 (716) 532-4584 www.gowandaharley.com • • • • • Harley-Davidson® Motorcycles Apr 1—Aug 31 Sept 1—Mar 31 M-T-W 8:30-5:00 T-W 8:30-5:00 MotorClothes™ Apparel Th-F 8:30-8:00 Th-F 8:30-8:00 Genuine Motor Accessories Sat 8:30-3:00 Sat 8:30-3:00 Dyno Tuning Facility Closed Sundays Closed Su & M Award Winning Service Harley-Davidson/Buell of Utica 4870 Commercial Drive New York Mills, NY 13417 Tel. 315.797.5570 Fax 315.797.4564 askus@hdutica.com Celebrating 60 years of motorcycle sales & service ABATE of New York, Inc. Page 12 NYS’s Motorcycle Rights Organization ABATE of New York, Inc. State Business Seminar Where: Owego Treadway Inn 1100 State Route 17C Owego, NY 13827 (607) 687-4500 When: January 11-13, 2008 Reservations: •Reservations should be confirmed ASAP. The State has reserved a block of rooms for Friday & Saturday night. •Rooms cost is $75.00/night for 2 people. The State will NOT pay for Chapter’s rooms unless a written request for payment assistance is made. Request should be made to the State President by December 14, 2007. •When calling for room reservations, you must state that you are with ABATE of New York, Inc., and your Chapter name, to guarantee these rates. You will need a credit card to reserve the rooms; however they will take a Chapter Check for payment upon check-out. •All Board Members must make their reservations at the Owego Treadway Inn. •Any Chapter requesting assistance for room payment must stay at the Owego Treadway Inn. •NOTE: If the Owego Treadway Inn becomes full, members can get rooms in the Holiday Inn (607) 687-9000 or at the Hampton Inn (607) 687-4600. (The Holiday Inn is a crossed the parking lot.) Who is to attend? Every chapter must be represented by 4 officers: President, Treasurer, Membership Secretary, and Legislative Coordinator. Other officers and members may attend but you must sign them up. What each chapter must bring to the seminar: 1. Two Bank Corporate Resolution papers. One signed by your President, Treasurer. One unsigned in case of error on the first one. 2. Two Bank Signature Cards. One signed and one unsigned. 3. Bank Corporate Resolution papers and bank cards need to be given to the State President. The State President needs to sign both and apply the Corporate seal. 4. List of Officers for 2008, if not previously provided for the NYS Guidebook. (Complete name, address, phone number and e-mail address.) 5. Reports not previously submitted. (Treasurer and Membership) Highlights: Open Panel discussion by Paul Cote on No-Fault Insurance. “Bad Moon Rising: a look at federal Legislation presented by Lynn Wesley from PA ABATE and “Hairy George from OH ABATE. Both are also MRF Representatives. Public Relations 101 presented by Suzi Q. from Monroe County ABATE, &a Silent Auction Directions to the Owego Treadway Inn (Directions from the Owego Treadway Inn website) From the south (Binghamton): Take Route 17 west to exit 65. Turn right at stop sign. Bear left at fork in the road, towards Route 17C west. At traffic light, Holiday Inn Express - Owego is straight ahead or turn right onto Route 17C west and the Owego Treadway Inn and Suites is on the left. From the northeast (Syracuse): Take Route 81 south to Route 17 west. Then follow above directions. From the North (Ithaca): Take Route 96 south to Owego, New York. Take Route 17C east for approximately 2 miles. Owego Treadway Inn and Suites and Holiday Inn Express - Owego are on the right From the northwest (Buffalo / Rochester): Take Route 390 east to Route 17 east to exit 65. Make a right hand turn at the end of the ramp. Make a right hand turn at the traffic light. You will cross over the river. Bear left at the fork in the road toward Route 17C west. At the traffic light, Holiday Inn Express Owego is straight ahead or turn right onto Route 17C and the Owego Treadway Inn and Suites is on the left. From the east (Albany): Take Route 88 west to Binghamton to Route 17 west and then follow the directions from Binghamton (above). For information 1-888-344-4400 Page 13 www.abateny.org NEW YORK STATE ABATE BOARD MEETING November 17, 2007 from the state office, National Income Life Ins., will provide the information and we will be reimbursed from the company for the postage. Mr. Tasker was thanked for his time and the presentation. The Board will be getting back with Mr. Tasker. Roadkill called the meeting to order at 12:00 noon with the Pledge of Allegiance. Roll call was taken by Secretary Kathy with the following 10 members of the Board present: PRES, V-PRES, LEGCOORD, TREAS, SECTY, PUB-REL, SGT-ARMS, REG-A, REG-C, REG-E. Minutes of previous meeting were asked for Motion #B27-07 was made by Tom, 2nd by Michael to accept the minutes as printed and distributed. Carried – unanimous Communications: Roadkill read an invitation letter from ABATE of PA for their upcoming annual Leadership and Legislative Seminar. Motion B28-07 by Tom and 2nd by Doc that we buy two tickets to the seminar at the cost of $65.00 each, for 2 of our Board members to attend this event. We will provide reimbursement of expenses to these two people after completion of the Seminar on 1/25/081/26/08. Carried – unanimous Roadkill read a letter from the MRF thanking us for our contribution to them. Discussion ensued regarding expired MRF Sustaining State MRO status and non-contact from MRF. Roadkill relayed general information from our insurance provider (Bajorek) that they cover ATVs. Kathy presented a letter from the MRF that had been given to her at another meeting. They are doing a survey among all their supporters for an advertising program and who might be interested in purchasing ads in their paper to help support them. This letter was referred back to Mike C. for Monroe County to give their input. The State Office should be receiving their own survey to fill out. Why we have not yet received it no one knows. Roadkill re-read the letter from J.T. Tasker, National Income Life Ins., Director of Public Relations. President Roadkill then introduced Mr. Tasker: Mr. Tasker explained that National Income Life Ins. has been in NYS for approx. 7 years, and in PA for over 10 years. They have paid out many claims at no cost to the members. He also encouraged us to speak with the PA ABATE State Secretary if we have any questions; they have been dealing with PA ABATE for some time now. His company does not sell big life insurance policies. They reduce their rates by not advertising, but rather word of mouth. The initial plan offered to us is $2000.00 coverage to all members for accidental death and dismemberment. There are no contracts to sign. The only cost to members would be if they decide to buy additional coverage or supplements. There are various supplements available to every one including, funeral benefits, family coverage just to name a few. Roadkill asked how do we process the mailing ourselves to protect the privacy of our membership. The answer is that we can do the mailing ourselves ABATE of New York, Inc. Roadkill stated that there was a correction to be made to the recent attendance reports furnished for the year 2007. Shown in attendance now are Lewis Co. (Doc) at the 2/17/07 meeting, and Reg. A (Mike C.) at the 5/20/07 meeting. VP Beth introduced Mr. Mike de Freitas, our NYS ABATE Attorney. Mr. de Freitas stated that he was retained by ABATE 5 years ago. Our organization has been incorporated since 1991. He explained why we are a 501(c)4 exempt social welfare organization, NOT a 501(c)3 charitable organization. He reported that the Board chose this at the time of incorporation to permit more flexibility to lobby than as a charitable organization. He discussed our Corporate mission by detailing how we are formed for the purpose of promoting social welfare by educating the general public regarding motorcycling. This brief corporate purpose in our bylaws, and the corporate purposes generally outlined in our Certificate of Incorporation, are legally binding purposes that ABATE and the Chapters must fulfill, and constitutes the basis of our tax exemption. He further noted that our general mission is motorcycle safety, and that raising funds for charitable organizations is not part of ABATE’s exempt purposes. He stated it need not be discouraged because it is a traditional act of organizations such as ours, however, he stressed that the primary activity of ABATE is the legal mission described above, which must constitute the primary focus of ABATE and the Chapters. He shared that, as a general rule, lobbying and political activities are permitted for a 501(c)4 organization, as long as the primary activity remains the fulfillment of its social-welfare mission. Additionally, candidate endorsement/opposition is also permissible, but related expenditures are not tax exempt. He reported that sales of goods & services that do not significantly promote our exempt mission are likely taxable, therefore, potential revenue-generating activities should be examined on a case-by-case basis. He explained that, under NYS law, only charitable organizations, can engage in charitable gaming (poker runs, dice runs, 50/50s, etc…), and how it is both common and permissible for 501(c)4s to have subordinate/related 501(c)3s to enable fundraising purposes like these. Mr. de Freitas provided us with a 5-page example of how we are covered as 501(c)4 -tax exempt and why. The meeting was adjourned at 1:21pm. Kathy A. Grasby State Secretary Page 14 NYS’s Motorcycle Rights Organization NEW YORK STATE ABATE CHAPTER MEETING NOVEMBER 17, 2007 with the Suffolk Co. Police Commissioner. Roadkill called the meeting to order at 1:30pm with the Pledge of Allegiance. Roll call was taken by Secretary Kathy with 15 voting Chapters present: Columbia, Cortland-Chenango, Finger Lakes, Greene, Jefferson, Lewis, Long Island, Monroe, Oneida, Onondaga, Ontario, Oswego, Southern Tier, Tompkins and Wayne. Absent were: Brooklyn, Buffalo-Erie, Cayuga, Chautauqua, Dutchess, Niagara, North Ulster, Orleans and PutnamWestchester. There were a total of 34 members present. Minutes of previous meeting were asked for Motion #M11-07 was made by Shawn, 2nd by Joe to accept the minutes as printed and distributed. Carried-unanimous Presidents Report: Roadkill reported to the Chapters on the information the Board received from Mr. T.J. Tasker, of National Income Life Ins. There will be no cost to the Chapters, members, or ABATE of NYS. This is an accidental death and dismemberment insurance. We will also be able to maintain the privacy of the membership, by doing the mailings ourselves with reimbursement from the insurance company for the postage cost. Roadkill also reported that the Board had received a presentation from Mr. Michael de Freitas, the attorney for NYS ABATE. Mr. de Freitas explained the various types of tax exemption available and that we are under the 501-C4, and why this is the best option for our organization. Roadkill stated that there was corrections to be made to the recent attendance reports furnished for the year 2007. Shown in attendance now are Lewis Co. (Doc) at the 2/17/07 meeting, and Reg. A (Mike C.) at the 5/20/07 meeting. Roadkill stated that he had received a call from Dino BBQ in Rochester trying to track down a credit card user “ABATE/MC” who’d purchased a gift card whose mag strip was determined faulty, rendering it unusable. Through discussion, it was determined not to have been someone from ABATE of NY or its Chapters, because we don’t have AMEX cards, and don’t make these types of purchases. Roadkill will handle. Correspondence: Roadkill read an invitation letter from ABATE of PA for their upcoming annual Leadership and Legislative Seminar in January. The Board will be purchasing 2 tickets for this seminar so that 2 members of the Board can attend. Roadkill relayed general information from our insurance provider (Bajorek) that they cover ATVs. He also read the letter from the MRF thanking us for our donation in the amount of $3400.00. Roadkill provided final follow-up on the circumstances of the ROW death of the Long Island member, following interaction For information 1-888-344-4400 Roadkill detailed a call from the daughter of a Southern Tier member, following his death; there was no follow-up due to Chapter non-response. Roadkill touched upon the Wayne County member in whose defense a letter had been written regarding his ROW ticket. No further info has been received, and matter is considered closed. VP’s Report: Beth received information about the Cycle World International Motorcycle Show to be held at the in NYC Dec 28-30. She turned this information over to Marty. Beth has also received an e-mail from The Horse (formerly The Iron Horse) quoting us prices for advertising in their magazine. There was much discussion about this. It will be turned over to the Board for consideration. Prospector felt that maybe we should turn in an article to the magazine instead of paying for advertising. There recently was an article submitted by CA ABATE called “I Dress Myself Today”. Next Beth addressed a program called 5 Steps to Freedom; she has contacted Suptnik.com, and received their approval to use this concept to produce a video as a learning tool. The issue of new tri-folds was discussed. Sixteen hundred (1600) have been mailed to the Chapters by the State Office Manager and there are still more in her possession. All have been modified to reflect the most recent changes, and Roadkill brought a quantity with him for Chapter retrieval today, if desired. For the next production run, Chris recommends removing the state address from the member info side of the form, increasing the size of the blank area to permit Chapter stamping/ labeling, and revising the credit card information box. It was also discussed if we should leave in the Sam’s Club Eligibility and also add the insurance benefit. According to Mike C. we usually produce 5000 a year. There was also a lot of discussion about a Tri-fold for sport bike riders. It was felt that if a chapter wants to produce them, they could. There was discussion on this matter, and Roadkill advised he would work up a graphic and form revision. Membership applications – it is felt that we need to use up the old ones still remaining in chapters. The State Office has a large quantity of the old tear off applications, and Roadkill brought a large quantity with him for Chapter retrieval today, if desired. State Seminar: Beth and the Committee have a lot planned for the upcoming Seminar to be held in January. The Seminar will be held January 11-13, 2008 at the Oswego Treadway Inn. There will be many meetings for everyone to attend, including meetings for Public Relations, Legislation, Membership, President, VicePresident, Treasurer, Regional Coordinators plus special presentations from individuals from Ohio, PA, and Mass. Everyone should plan on attending this seminar, it is very important to all Chapters. Page 15 (Continued on page 16) www.abateny.org (November17 State Chapter Meeting continued from page 15) the Treasurer’s Report. Carried-unanimous The By-Laws and Guidebook need revision. Marty feels it should be tabled until a further date. Beth will table it for now. Lunch: 3:09pm – 3:31pm Monroe County Chapter did a political endorsement; it was a great joint effort. Mike C thanked Beth for her help. Unfortunately their candidate did not win, but there is always next year. Contract Committee – Beth apologizes for not getting together sooner, they will have to get together to reorganize and write Pete’s contract. George did go to Washington, DC with the MRF for the Federal Rally. Treasurer’s Report: All tax returns are finally done!!!! We will have to pay $5000.00 to the attorneys for getting this mess straightened out. A small price to pay. Pete is rescinding his resignation as Treasurer. There are some recommendations for the new budget: one is an increase in salary for the Treasurer position and the Treasury Manager position, the other is an increase in the commission to State newsletter editor Pam Wright. These matters will have to go before the Board for consideration. It was stated that when any Chapter receives a letter concerning Form 990 they are to send to the State Office Manager. There was a question about the EIN numbers from Shawn, each chapter has its own EIN number for ID purposes only, and all business should be conducted using the State Boards EIN number. Any correspondence regarding the EIN numbers should be forwarded to the State Office Manager. There was much discussion on the matter of Chapters being behind in their financial reports to the State. For some this was the first that they knew their Chapter was so far behind. Pete says he will make the notifications. And the Secretary will start reporting it in the minutes, which Chapters are behind. Beth also stated that if we were to apply for any grants, which we have talked about before, it is totally unacceptable for any of us to be behind in financial reports to the treasurer. Legislative Report: Prospector reported that many of the current issues before the legislation are not currently going anywhere. The Legislature is out of session and will not return until January 2008 after the holidays. He has brought to the meeting MRF reports and that he attended a great seminar in October. There was an NCOM Board of Directors meeting in Montgomery, Alabama. The CMA has just joined and they offer a lot of services for free. Prospector will have handouts from them at our Seminar in January. Prospector brought up the topic of the I-84 roadblock that occurred on 10/7/07. The DMV, State Police and local police were involved. Many tickets were issued. The count appears to be 280 bikes stopped, 225 inspected, 104 tickets issued. There is an unofficial report that some bikes were confiscated. The word around the state is these will continue. Is the DMV on a mission? One rumor was that the DMV tested the numbers on at least 1 bike (acid test) and that the bike was never returned, but passed the test. There is a lot of controversy what started all of this. Prospector feels we should make some noise about this. Walt from Finger Lakes stated that he had seen an e-mail asking for a list of all rides and events from each State Police post to provide to Albany. Marty from Long Island stated that there were problems on the Long Island Expressway at Exit 66. His chapter wrote a letter to the (ACLU) American Civil Liberties Union, and there was a meeting held with Suffolk County and the ACLU about this incident. The ACLU stated that their actions were profiling and did not have probable cause, which is illegal. Marty also stated that another letter is being sent to the ACLU, and he feels that we all should. One big question was, “Where did they get the funds from to operate this stop?”. There was a lot of discussion about this incident from everyone. A member stated that he has spoken to the AMA; they really aren’t interested in getting involved in this. George from Monroe County asked if we should consider becoming an associate member of the ACLU. There was a discussion about the income generated through products, which had not been very successful this past year. And there was also a discussion about taxes that would be involved. Roadkill stated that Chris had indicated she would be willing to do products as well through her office should ABATE decide to do so. In the new budget Pete included an increase in advertising expenses. There was much discussion on the new proposed budget for 2008. Motion #M12/07 was made by Prospector and 2nd by Beth to have Pete pay the bills. Carried-unanimous (Continued on page 17) MILLER’S MOTORWORKS SPECIALIZING IN CUSTOM HARLEY-DAVIDSON PARTS & SERVICE TUE-FRI 9 AM-6 PM SAT. 10 AM-4 PM 1281 ELMIRA ROAD, NEWFIELD NY 14867 TEL: (607) 564-1808 Motion #M13/07 was made by Phil and 2nd by Tom to accept ABATE of New York, Inc. Page 16 NYS’s Motorcycle Rights Organization (State Chapter Minutes Continued from page 16) Public Relations Report: Doc stated that he did start with the ordering of the pens earlier this year. But, the company never sent them, and they never sent the requested bill. Region A – Western Region Report: Chautauqua – 43, Buff-Erie – 251, Finger Lakes – 223, Monroe – 295, Niagara – 104, Ontario – 104, Orleans – 73, and Wayne – 46 for a total of 1139 members strong! Mike C. referenced 10/25/07 Regional Meeting minutes. (Page 17) Region C Report: Tom Alton stated that their last meeting was held on 10/14/07 in Oswego. They have scheduled a select fundraiser for 7/13/08. Their next scheduled meeting will be on 3/9/08. The host chapter and president will preside over the meeting. Jefferson is doing well, Cayuga is growing, and Onondaga has excellent growth. Region E Report: Dave Kipp reported that everyone is doing great. Still growing. Sergeant at Arms Report: Michael stated that he never said Chris was doing a bad job. Exactly the opposite! (All of this arose from a previous heated debate between Roadkill and Michael.) State Office Manager’s Report: Chris’s report read by Roadkill indicated that as of 10/31/07 our current membership is 2970, as of 10/31/07 we have signed 534 new members, and from 1/07 to 7/07 we have lost 567 members. that Wayland Rod & Gun Club was no longer available. With only leaving the Hog-a-Rosa as the location available this made the vote moot. The next State Party will be held at the Hog-aRosa. There is a tentative date of 7/19/08 to be finalized by the date of the State Seminar. Shawn will keep us informed. Motion #M08-07 20% of membership dues returned to all Chapters across the board, amending current reward-rebate program. During the call for the vote there was much discussion on this motion. This discussion resulted in another motion being brought to the floor. Motion #M14/07 to make amendments to Motion #M08/07 by Beth and 2nd by Walt to make the payment 5% per quarter and there should also be included a Sunset clause for 2 years, and to also tie it the attendance of the Chapters when State Chapter meetings are held. Defeated. Motion #M08-07 was called for the vote again at which time the President presented a motion for Board veto per ByLaws Article IX.B.3. Defeated. One more time the vote was called for on Motion #M08/07 by Roadkill. Carried – Vote was 12 yes and 3 no. Motion #M09/07 that the next State Chapter Meeting to be held in Syracuse. There was a call for the vote by Roadkill. Declined – Vote was 6 yes, 8 no and 1 abstain Shawn also reported that the Beast of the East is a work in progress and the plan currently involves the Canandaigua Inn on the Lake. Chris would like a head count as to who will be attending the State Seminar Dinner by 12/15/07 in her office. Roadkill called for the Reading of the Nomination of Officers for the Board for 2008. For August there will be 55 terminated for no renewal. Notices were sent out for Sept. to 104, Oct. to 88, and Dec. to 129 members, for renewal. Second notices will be sent on 11/19/07. President – Roadkill by Tom Alton Vice President – Beth by Shawn Prospector by Lynda Treasurer – Pete by Roadkill Secretary – Kathy by Beth State Legislative Coordinator – Pam by Roadkill Region A Coordinator – Shawn by Beth Region B Coordinator – no one nominated Region C Coordinator – Tom by Rob Region D Coordinator – no one nominated Region E Coordinator – Dave by Prospector Region F Coordinator – no one nominated Region G Coordinator – no one nominated Sergeant at Arms – Michael by Shawn Public Relations – Doc by Tom Federal Legislative Coordinator – George by Beth – declined Newsletter Editor – Pam by everyone (not an elected position) During 1/07 thru 7/07 42 members renewed late. Many of the 1 and 2 year members are not renewing, which figures out to approx. 10% of the state membership. Chris requests the Chapter membership officers get their renewals in to her office in a timely manner. All chapters should confirm their counts by 12/31/07 for their rebate checks to be issued at State Seminar. Tear pad membership applications and tri-fold applications are available. Chris stated that she is researching all other State ABATEs and similar organizations to determine if there are membership benefits that we could similarly provide in an effort at member retention. Old Business: Motion #M07/07 location for State Party from 9/16/07 meeting was called for a vote. Before vote could be held Shawn reported For information 1-888-344-4400 Page 17 (Continued on page 18) www.abateny.org (November17 State Chapter Meeting Continued from page 17) Elections: Motion #M15/07 was made by Shawn and 2nd by Doc for the Secretary to cast one ballot for all unopposed positions, with the exception of Vice President. Carried – unanimous The vote was held for the position of Vice President – either Beth or Prospector. Motion #M17/07 made by Jerry and 2nd by Joe that we move all State Chapter Meetings to Syracuse; this is to be brought back to the Chapters. Carried – unanimous Roadkill called for the motion to adjourn 2nd by Shawn. Meeting adjourned at 5:15pm. Tally of the votes were 10 for Beth and 5 for Prospector. Beth was declared the Vice President for 2008. Motion #M16/07 was made by Shawn and 2nd by Beth to accept the proposed Budget for 2008 as reported by Treasurer Pete. Carried – unanimous There was a discussion by many about getting more of the 2 part Bumper Stickers promoting motorcycle safety. Marty indicated that he would like to have them for the Bike Show in NYC in Dec. 28th – 30th. Shawn stated that he had been able to arrange to get a gross of them for his area. It was stated that they are available in each region by contacting the GTSC in your own area. It was asked of Prospector if he could order 3500 of the Riders Rights and Civil Liberties handouts adding to the 150 he has already ordered so that we can also give them to the new members. He stated that he would. The First in Synthetics ® SINCE 1972 ROBERT “BOBP” PIACENTE AMSOIL AND ALTRUM AUTHORIZED DEALER ZO# 1434872 47-37 245th Street Douglaston, NY 11362 (917) 747-0662 piagent@nyc.rr.com www.lubedealer.com/bobp EASTERN HARLEYDAVIDSON & BUELL 1570 OLD COUNTRY RD. (ROUTE 58) RIVERHEAD, L.I., NEW YORK 11901 [TEL] 631.727.4700 ABATE of New York, Inc. Page 18 [FAX] 631.727.5932 NYS’s Motorcycle Rights Organization How to Avoid Insurance Premium Increases or Becoming Assigned Risk - Part I Written by: Philip L. Frankel Esq. You know there are three credit reporting companies that report your credit history. But did you know there is a claims report used by insurance companies to review your claims history when determining your premium? The claim report is called C.L.U.E.® (Comprehensive Loss Underwriting Exchange) and is a service provided by ChoicePoint, Inc. C.L.U.E. is a claim history exchange that enables insurance companies to submit and access claim information. C.L.U.E. reports contain up to five years of claims information such as your name, date of birth and policy number, date of loss, type of loss and amounts paid. Just like credit reports, your C.L.U.E. report may have errors. You should find out what the insurance companies know about you and check your report for errors. Advise ChoicePoint of any errors you find and request that they advise all your insurance companies of the corrections. You can obtain a copy of your C.L.U.E. report at www.ChoiceTrust.com. Insurance companies are now also looking at credit reports to determine premiums because they found that people with better credit scores have fewer claims. Consequently, if you have a poor credit report you may find yourself paying more for home, car and motorcycle insurance. It has been reported that 50-70% of credit reports contain serious errors. Request a copy of your credit report from all three credit reporting agencies, Equifax, Experian, and TransUnion, and notify all three agencies of any mistakes you find. You can get a free copy of your credit report once every 12 months at www.annualcreditreport.com or you can call 1-877-322-8228. Always make at least the minimum payment for your bills on time. Avoid using store brand credit cards, because they report late payments immediately. Pay particular attention to your insurance bill. Insurance companies do not like customers who do not pay their insurance premium on time. This may also affect your premium. Next month, in part two, I will cover additional items which can affect your insurance premium. If you have any questions you would like to submit for publication here, please send your question to ABATE@1800HURT911.com Philip L. Frankel Esq. is an attorney representing people hurt in motorcycle accidents, construction accidents, and other accidents. The foregoing is advertising and not legal advice which should only be obtained by formally contacting a lawyer. Mr. Franckel is the founder of www.HURT911.org, www.HURT911Biker.com, and owns and advertises 1-800-HURT911. If you have been hurt in a motorcycle accident, construction accident, or any kind of accident, speak directly to Mr. Franckel at 1-800-HURT-911. Niagara Falls N.Y. Chapter Harley Owners Group PO Box 3069, Niagara Falls, NY 14304 Meetings 3rd Thursday of Month 8:00 PM Buffalo Harley-Davidson, Inc. 4220 BAILEY AVENUE AMHERST, NY 14226 Phone: (716) 832-7159 Est. 1921 Fax: (716) 832-2167 American Legion Post 6525 Ward Road Sanborn, NY For information 1-888-344-4400 JOHN BRINKWORTH, JR., Vice President website: www.buffaloharley.com Page 19 www.abateny.org Proner Colored Ad ABATE of New York, Inc. Page 20 NYS’s Motorcycle Rights Organization Proner Scholarship For information 1-888-344-4400 Page 21 www.abateny.org ABATE OF NEW YORK, INC. Sample Proner/ABATE Activist Scholarship Fund Nomination Form Candidate Criteria: 1) Nominated candidates must be aged 17 to 30 with a valid Motorcycle Endorsement on their Driver License. 31st birthday must fall after September of the year of consideration. 2) All nominees/recipients must either be a current member in good standing of ABATE of NY, or be an immediate family member of a current member in good standing of ABATE of NY. 3) Nominations will be accepted only from ABATE of NY members, and must be submitted on an ABATE of NY approved application form. Candidates may nominate themselves for consideration. 4) Nominations must be submitted between October 1st and May 31st, and postmarked no later than May 31st of the year for which the application is submitted. 5) Candidates must submit a minimum three hundred (300)-word essay detailing why motorcyclists’ rights are important to them, and in what way their desired coursework will assist them in the ongoing fight for motorcyclists’ rights. The essay should be included with the official ABATE of New York, Inc., Proner/ABATE Activist Scholarship Application Form. The winning candidate will be announced in an ABATE of New York, Inc. press release on or about August 1st, with presentation at the next regularly-scheduled ABATE State Chapters Meeting. Winning essays will be published in ABATE of New York’s official publication, “The Freedom Writer” newsletter. Non-winning candidates will receive a letter of thanks encouraging them to reapply the following year, if eligible. 6) Winning candidate receives: $1,000 check for use toward academic costs; and reimbursement for travel (federal mileage rate & tolls only) from residence to State Chapters Meeting location on date of award. NOMINEE/CANDIDATE INFORMATION (please print) Date: ____________________________________________________ Name: ___________________________________________________ Ad- dress: _________________________________________________ City/ST/Zip: ______________________________________________ m Email Address: Telephone: r Fo n ____________________________________________ tio CA a n LL (______)________________________________________ mi TH No ES Eligible ABATE Membership Number: TA TE ________________________ OF F Please provide the following information on a separate piece of paper: d ICE F n Fu be selected. OR O 1) Please explain why you feel this personishould p RI h GI rs NA a l LS o 2) Other considerations/circumstances that you feel may be appropriate. (Job, Family, School, Finances, h c S etc.) pl e m SUBMITTED BY: Sa ___________________________________________________ ABATE Membership Number: ___________________________________________________ SIGNATURE: Mail Nomination Form to: ABATE of NY, Inc., P.O. Box 300, Walker Valley, NY 12588-0300 Phone: 888-344-4400 ___________________________________________________ ABATE of New York, Inc. Page 22 NYS’s Motorcycle Rights Organization Proner/ABATE Activist Scholarship Application The Proner/ABATE Activist Scholarship is based on specific criteria and is scored by the State Board and/or an established scholarship committee. The selection criteria includes applicability and relevance of the candidate’s chosen coursework in his/her continued fight for motorcyclists’ rights. Additional weighted items can include level of involvement in ABATE of New York activities, financial need, community service, application effort, school involvement, and other considerations. (For a full list of eligibility criteria, contact the State Office.) Please be sure to mention any other circumstances you would like to be considered in the application review process. Name: _________________________________________________ MC Licensed? Y / N Address: _____________________________________________ Aged 17 – 30? Y / N C/S/Z: _______________________________________ CA LL Tel.: (_____)_________________ TH E p Ap lic m or F ion at ST E-Mail: ______________________________________ ATE OF FI CE Eligible ABATE of NY Membership Number: __________________________________ FO p R i h OR s r Parent's Names: _________________________________________ IG a l IN (if under 21) AL ho c S S _________________________________________ le mp a S College(s) or Trade School(s) planning to attend: (first three choices) 1._________________________________________ Total Expenses: _______________ 2._________________________________________ Total Expenses: _______________ 3._________________________________________ Total Expenses: _______________ What is your intended career field/degree? (e.g. Law, Political Science, Technical and Associates, Bachelors, Masters, etc.): Have you applied for any other type of assistance? If yes, please describe: If applicable, please list unusual circumstance(s) affecting your financial need or your high school academic performance. (Attach an additional sheet if necessary.): On separate sheet(s), please complete a minimum 300-word typed/keyboarded, double-spaced essay detailing why motorcyclists’ rights are important to you, and in what way your desired coursework will assist you in the ongoing fight for motorcyclists’ rights. *Important: Please also provide a copy of your transcript for a complete evaluation of your application. By my signature, I agree that ABATE of New York, Inc. is authorized to publish winning essays in its official “The Freedom Writer” newsletter, and on its official www.abateny.org website. _________________________________ (signature) For information 1-888-344-4400 _____________ Page 23 www.abateny.org Iron Block Harley-Davidson Route 81 Exit 42 17890 Goodnough St. Adams Center, NY 13606 (315) 583-6177 www.ironblock.com Forking by Frank FRANK’S MAINTENANCE & ENGINEERING, INC. Replacement fork tubes for most motorcycles. Stock, over or under. Upcoming events: Jan 11 - Technical seminar. Jan 18 - New rider seminar Feb 15 - Garage party. Feb 23 - 2nd annual beach party 945 PITNER AVENUE EVANSTON, IL 60202 847-475-1003 Success is just a matter of attitude. -- Darcy E. Gibbons From the Editor Hi. I finally got brave enough to step out of my comfort zone. When I volunteered to do newsletter I was sure I could do a decent job. Now as legislative coordinator I am nervous. I have wanted this position for years but I didn’t have the guts to run for the office. Now that I am in the position I am going to do my very best. I have already contacted back up sources to help me. The biggest problem that I can think of right now is that everyone says I talk too quiet. I think I will have hand outs at state chapter meetings in case you can’t hear me. WORK FOR YOURSELF Reps Needed Our VP, Beth Gorman, and seminar committee has worked hard at changing the seminar so it isn’t the same. A lot of members complain they have to go and its always the same, it won’t be the same this year. There isn’t going to be a newsletter session but if you want to ask me questions call or email me. My contact info is on page 3 & page 28. Territories Open Contact Us for Info: 716-725-2745 hardtalesmag@aol.com ABATE of New York, Inc. Pam Use Patience & Tolerance for a happy chapter. Page 24 NYS’s Motorcycle Rights Organization John Malyj President Geneva Harley-Davidson Sales & Service, Inc. 1103 Routes 5 & 20 Geneva, NY 14456 Phone (315) 789-7976 Fax (315) 789-3720 Upcoming Events: Feb 16th - 5th Annual Chili Cook Off Road King Raffle - Only 1000 tickets sold, $25 each - Drawing held on 2/16/08 368 W RIDGE RD ROCHESTER N.Y. 14615 585-482-7260 HARLEY-DAVIDSON OF JAMESTOWN, Inc MOTORCYCLE SALES PARTS AND SERVICE FOR ALL YOUR MOTORCYCLE CLOTHING AND APPAREL NEEDS www.extremebikerleather.com 2950 N. MAIN ST. EXT. JAMESTOWN, NY 14701 PHONE (716) 484-0113 FAX (716) 484-2322 www.jamestownharley.com BRIAN D. REID Sales Manager hdj@netsync.net To All Our Advertisers: Thank You for Advertising in the Freedom Writer ATTORNEYS WHO RIDE KNOW KANTOR & GODWIN 5800 MAIN STREET WILLIAMSVILLE, NY 14221 716-626-0404 www.kantorgodwin.com KANTOR & GODWIN Motorcycle Accident Attorneys STEVEN L. KANTOR ABATE MEMBER TRUST OUR EXPERIENCE, WE GET RESULTS! For information 1-888-344-4400 Page 25 www.abateny.org Board Attendance 2007 01/12/07 02/17/07 X X PRES - Roadkill X X V-PRES - Beth Michaelsen X X LEG-COORD - Prospector X X TREAS - Pete Smith n/a n/a SECTY - Kathy Grasby (eff. 5/20/07) X X PUB-REL - Terry "Doc" O'Rourke X X SGT-ARMS - Mike Grasby X X REG-A - Mike Cavuoto absent REG-B - Angela Moore (resigned 3/9/07) absent X absent REG-C - Tom Alton n/a n/a REG-D - Jeffry T. Fumei (eff. 5/20/07) X X REG-E - Dave Kipp n/a n/a REG-F - (vacant) n/a n/a REG-G - (vacant) 03/18/07 n/a n/a X n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 05/20/07 06/17/07 X X X X X X X X X X absent absent X X X absent n/a n/a X X X absent X X n/a n/a n/a n/a Notes: cancelled snowstorm Freedom Rally Business Seminar Father's Day 09/16/07 X X X X X absent X absent n/a X absent X n/a n/a 11/17/07 12/16/07 X X X X X X X X n/a X absent X n/a n/a Chapters rescheduled from August Chapters Attendance 2007 Brooklyn Buffalo-Erie Cayuga (eff. 9/16/07) Chautauqua Columbia Cortland-Chenango Dutchess Finger Lakes Greene Jefferson Lewis Long Island Monroe Niagara North Ulster Oneida Onondaga Ontario Orleans Oswego Putnam-Westchester Southern Tier Tompkins Wayne Chapters Chapters 02/17/07 05/20/07 absent absent absent X n/a absent X X absent X X X X absent X absent absent X X absent absent X absent absent X X Notes: n/a absent X absent X X X X absent X X absent X X X X absent X X absent absent X Chapters Chapters 09/16/07 11/17/07 absent absent absent absent X absent X X absent X X X absent absent X absent absent X X X absent X absent absent X X absent absent X X absent X X X X X X absent absent X X X absent X absent X X X Freedom rescheduled Rally from August 5 NEW YORK LOCATIONS The optimist sees opportunity in every danger; the pessimist sees danger in every opportunity. -- Winston Churchill ABATE of New York, Inc. Page 26 217 Rt. 32 North New Platz, NY 12561 141 Remson Street Cohoes, NY 12047 4208 Union Road. Buffalo, NY 14225 Ph:1-800-635-1383 320 West Rt.#59 Central Nyack, NY 10960 Town Line Plaza 3047 W. Henrietta rd. Rochester, NY 14616 NYS’s Motorcycle Rights Organization For information 1-888-344-4400 Page 27 www.abateny.org 2008 Legislation by: Pam Wright The following bills are the currently in the NYS legislatures Assembly and/or Senate. In January, if the sponsor resubmits the bill, the bill will receive a new bill number. It is up to the sponsor on whether the bill is resubmitted, but of these bills we know the Senate and Assembly Helmet Repeal bills and the Confiscation bill will be there in 2008. Even with a different bill numbers if these bills are resubmitted this is our stance on them. There will be hand outs at the seminar legislation session. Yes This is our helmet repeal bill that gets caught & dies in the Assembly Transportation Committee. A03699 S2836 Provides that motorcyclists under the age of twenty-one shall wear protective helmets of a type approved by the commissioner when operating or riding a motorcycle This bill passed the Senate but not the Assembly , now it will start all over. A2780 S1662 Expedites return of stolen motor This is the confiscation bill, we definitely will be working on this one. A1939 & S1705 Provides that ownership of unidentifiable part in identifiable motorcycle, other than stolen motorcycle shall be returned to owner after investigation. Even in my own chapter half agrees with this bill and half doesn’t. A7568 S405 Authorizes a motorcycle to proceed through a steady red traffic-control signal when it is malfunctioning or fails to detect the motorcycle. No As much as we would like this one we are not working on this. The prior Governor vetoed a toll bill saying legislatures can not change this. A02226 Exempts motorcycles from tolls collected from the New York state thruway authority These two bills we are against, they are not new, they haven’t caused us trouble so far. A00199 Increases the fine for operating a motorcycle with a muffler that produces excessive or unusual noise from one hundred dollars to seven hundred dollars A00197 Requires motorcycle user to wear helmets that meet the requirements of the US department of transportation Against - Another bill, once again, that assumes parents are too stupid to decide if their child is capable of being a passenger on a motorcycles. A07098 Prohibits a person from operating a motorcycle on a public highway, road or street in this state with a child under the age of twelve on such motorcycle Against - With this bill you can not buy a motorcycle with a valid NYS permit. Not to mention the length of time having to wait to get a signed up for a riders course (at least in Upstate NY.) Requires a motorcycle dealer to obtain a copy of a purchaser's valid driver's for the operation of a motorcycle and requires I will be getting the chapter legislative information at the NY ABATE Seminar. If you would like to contact me sooner, call me, email me, or send a letter. 315-923-3422 Pam Wright If you would like to be the Federal Legislation Email: abateny@verizon.net 2736 Lakes Corners Rose Valley Rd appointee email me or one of the board. Clyde, NY 14433 ABATE of New York, Inc. Page 28 NYS’s Motorcycle Rights Organization Western Region ABATE Meeting continued ( Continued from page 8) Shawn stated that we were talking about the State Party. Most in this region would like to go back to the Hog-a-Rosa, it is located in Springville. This will be taken back to the State Meeting. If the State does not want to have the party at Hog-a-Rosa, maybe the Western Region should hold one there anyway. Folks in closing this will be my last Western Region A report to you. I tried to follow the footsteps of Pete Campinella (Buff/Erie) and our deceased brother Hoss (Wayne) two great chapter Presidents from two different chapters. Myself from (Monroe) and now Shawn from (Ontario), do you see the pattern here folks each chapter President is taking a turn and keeping the ball rolling for the western region A. Ontario Chapter has sent in the application for the Beast of the East. When the time comes, they mostly likely ask for some help. Monroe will be glad to help. Mike C. received a questionnaire from the MRF and since Kathy is State Secretary maybe she can fill it out. There was some discussion on the Bill that says you must have a license before you can purchase a bike. It appears that this Bill is going to die since it is so close to the end of their session. If it dies, it will most likely come back in the next session. There was also some talk on the Federally Mandated Helmet law. Beth is trying to get a group to go to DC in November. Shawn stated that this Region is ours and hope to take up where Mike C. leaves off. Meeting was adjourned about 9:45pm. Minutes recorded honorably by Michael J Grasby Sr. This is unity ! This is strength ! This is Friendship, Motivation, and Loyalty to ABATE of NY. I have all the confidence in Shawn Fenner, and I have also known Shawn for a long time as both of us moved up in the ranks. He is a good minded, self motivated, and professional person and I am seeing him take the western dist to a record high level, I will support him 100% as he has supported me along the way. Please give him your true support as well and keep this region strong. Also in closing I would like to thank all of you that have been supporting me and working with me to get where we are today. There is no such thing as a one man show or a better person for the job, if you have no support from your members and friends you will always fail ! Thank fully I had all the support from you folks that stuck by me.....Once again Thank you. Michael J. Cavuoto Good Food - Good Music Good Vibe - Good People - BBQ & Cajun Food Try our newest location 1930 Empire Blvd. at Bay Rd. Open Jam - Mondays 9pm to Midnight With Dan Schmidt & Shadows at South Ave Location Catering All Year Long - call 271-8620 689 South Avenue Rochester, NY 585-271-4650 1930 Empire Blvd. Webster, NY 585-216-1070 www.BealeStreetCafe.com For information 1-888-344-4400 Page 29 www.abateny.org FLATHEADS to TWIN CAMS SUFFOLK COUNTY HARLEY-DAVIDSON Long Island’s Oldest Dealer Since 1960 4020 Sunrise Highway Oakdale, New York 11769 Custom Bikes Built to Order ● Stock/ Aftermarket Replacement Parts ● Repair/ Service by Factory trained staff ● Riding apparel/Helmets/Leather ROLLIN’ BONES MOTOR CO., INC. www.hdsuffolk.com 536 Old Front St., Binghamton, NY 13905 Exit 5 off NY Rte. 81 N/S 607-773-1340 ● rollinbonesmotorco@netzero.com 631-244-9000 Fax: 631-244-0521 www.rollinbones.com ED STEWART "Government is too big and too important to be left to the politicians." ~ Chester Bowles (1901 - 1986) Motorcycles ITHACA HARLEY-DAVIDSON, INC. 6033 Rt. 13, CAYUTA, NY 14824 Hours: Monday – Friday 8 a.m.- 6 p.m. Sat. 8-3 Phone 607-594-3536 Fax 607-594-3009 www.ithacah-d.com ♦ Ironworks ♦ Redneck Engineering ♦ Pitbull ♦ Ridley motorcycles * * Fully automatic bikes – starting at $16,000 15% Off All Custom Chrome Orders! Support Our Advertisers 710 Rt. 104 Ontario, NY 14519 315-524-2842 www.WayneCountyChoppers.net ATV Motorcycles Snowmobiles Woodstock Harley-Davidson, Inc. 949 Route 28 Kingston, New York 12401 Stone’s Snow Sled Tel. 315-483-4329 or 315-331-2053 Fax 315-483-4585 www.stonessnowsleds.com ABATE of New York, Inc. 845.338.2800 phone 845.338.9497 fax 4386 Maple Ridge Road Newark, NY 14513 visit our website at www.woodstockharley.com Page 30 Sales Service Parts Motorclothes NYS’s Motorcycle Rights Organization For information 1-888-344-4400 Page 31 www.abateny.org NY CALENDAR OF EVENTS 2008 Send your events to John Cholewa, type the information and send a flyer if you have one. E-mail events to: nomad2000@hvc.rr.com For the latest, most up to date version of the calendar, go to our web page: www.abateny.org/events.htm January 11-13 ABATE of NY Seminar Owego Treadway Inn 1100 State Route 17C Owego, NY 13827 (607) 687-4500 March 8 ABATE of Wayne County - Cabin Fever Party 8pm at the American Legion Post 1430 Marion NY For info. Call Joe JimBob Weber at 585-298-8931. May 10 ABATE of Wayne County - Break Out Run- length and route TBD June 14 ABATE of Wayne County - Wayne County Campout and Picnic June 27-29 2nd Annual "Thousand Islands River Run" Motorcycle Rally. Alexandria Bay, New York. June 27-29, 2008. If you missed out on the fun last year then mark your calendar for 2008. Vendors, Tattoo Contests, Block Dances, Custom Bike Show, Dyno Machine, Poker Run, and more. For more information call 482-9531, go to http:// www.alexbay.org July 26 ABATE of Wayne County - Summer Run - length and route TBD October 4 ABATE of Wayne County - 2nd Annual Hoss Deperez Fall foliage Run December 13 ABATE of Wayne County - Wayne County Christmas Party Note from Editor: I told three members from different chapters how to get their events in the newsletter. None of them are here. I do not have access to the website, you have to send events to John. Let’s go over the process again. You type out your events. You can send them to John at his home: John Cholewa 16 Hudson Harbour Dr, Apt E Poughkeepsie, NY 12601 Or you can email him: nomad2000@hvc.rr.com Send your events to John so your events can be in the March issue!!! ABATE of New York, Inc. Page 32 NYS’s Motorcycle Rights Organization Motorcyclist Ticketed With Bogus Charge Eric Sage, 31, works at a family-owned manufacturing company in Sidney, Nebraska. Sage was riding his motorcycle home August 7, after spending a couple of days at the Sturgis Motorcycle Rally, accompanied by Jorge, who was driving Sage's pickup with passengers Kalie and Barb. Sage was stopped by South Dakota Highway Patrolman Dave Trautman ten miles east of Rapid City on Interstate 90 for "weaving" in his own lane. Jorge pulled over also, and stopped ahead of Sage's bike, which was ahead of the patrol car. The patrol car's dash-cam records video of what happens in front and audio of what's said in the car. Trautman ticketed Sage for a minor traffic infraction, then asked him to wait by the guard rail while he talked to Jorge. Trautman brought Jorge to the patrol car, berating him for tailgating, then asked for permission to search the pickup. Jorge told him the pickup belonged to Sage, but gave permission to search when Trautman told him the driver had that right. Trautman left Jorge in the patrol car, then got out and paused to speak to Sage. Sage says Trautman asked for permission to search, and, having received it, asked, "Where would I find anything illegal in there?" Sage says he replied slightly sarcastically, "I don't know. Glovebox?" Trautman then proceeded to the pick-up and ordered the two women passengers to sit on the grass at the road's edge. After spending 16 minutes searching the vehicle, he emerged, poured out a beer, and is seen in the dash-cam coming back to the patrol car with one of the women and a handbag. "There's weed in your purse," Trautman said in the first comment audible on the tape. "Yeah," replied the woman, Barbara. "Where's the weed that was in the glove box?" Trautman then asked. Barb was bewildered by the question. She then admitted to having smoked weed that morning, having nearly finished off the bag in her purse, with the pipe also in her purse. "With these guys?" Trautman asked. "Yeah," she said. Trooper Trautman then walked back to the pickup, looked around the passenger side, and returned to the patrol car. "Here's what I'm gonna do," he resumed. "Everybody's admitted smoking weed..." The dash-cam tape ends at this point. In a later written report on the incident, Sage said he was told that the camera "stopped." Trautman wrote one of the women passengers, Kalie, a ticket for the open container. But he then also cited all four travelers with "possession of paraphernalia," which seems unsupported by the evidence, given that only one of them -- Barb -- was found in possession of paraphernalia. But it gets weirder. Barb paid her paraphernalia fine, about $250. Kalie paid her open container fine. Jorge is considering what to do. Eric returned to Rapid City August 21 and pled not guilty, thinking it ludicrous that someone on a motorcycle could get charged for something somebody in a nearby pickup had in her purse. Asked why he fought the charges, given that he knew to begin with that it would cost him more than just paying the fine for paraphernalia, Sage said, "I wasn't guilty. I had a clean record. Why should I say I did something I didn't do?" He was scheduled for a "dispositional" hearing October 15. That's where the state's attorney makes his last plea offer. On October 12, Gina Nelson of the Pennington County state's attorney's office left a message on Eric's phone: "If you don't plead to 'paraphernalia', we'll charge you with 'ingestion'" -- an offense unique to South Dakota. South Dakota codified law 22-42-15 prohibits ingesting anything For information 1-888-344-4400 except alcohol for the purpose of intoxication, and they'll put you in jail for as long as a year, and fine you as much as $1,000, for wanting to get "high" instead of drunk. It also doesn't matter if you were even in South Dakota when you ingested the drug: "The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused." Sage refused to cave in. At the hearing, Nelson did as promised, withdrew the paraphernalia charge and instituted an ingestion charge. A preliminary hearing was set for November 21, for a judge to decide whether there was enough evidence to take the case to trial. For Eric Sage, who has a spotless criminal record, the stakes had just leaped at least fourfold. The search had yielded .1 oz. of marijuana, according to Trautman's arrest report, which probably includes the weight of the baggie (1/10 oz. on a postal scale) and a pipe, both found in Barb's purse. Sage said he wasn't even aware that anything besides a pipe was in evidence until he saw the report in early November. South Dakota law requires an arrest report on a Class 1 misdemeanor (ingestion), but not on a Class 2 (paraphernalia), so Trooper Trautman dutifully sat down nine weeks after the day he ticketed Eric Sage and wrote a report in which he alleges that Sage confessed to smoking marijuana that day out of the bag in question. The alleged confession took place after Trautman's dash-cam "stopped." But Sage maintains that Trautman merely informed him he was "doing him a favor" by only charging him with paraphernalia and not taking him to jail. Trautman's report contains several statements that don't jibe with the camera's story, and he admitted not remembering some details more than two months after the fact. Still, the report contained enough claims by the trooper to arguably support the charge. In other words, Trautman tried to do the job the state's attorney wanted him to do. A preliminary hearing was set for November 21. Sage retained an attorney, Rena Hymans of Sturgis, who called Assistant States Attorney Nelson repeatedly asking if she was really going to move forward on the case. She left detailed messages on Nelson's voice mail: "Are you really going to have a prelim on this?" The calls went unreturned. On November 21, Sage drove the 241 miles from his Nebraska home to the Pennington County Courthouse in Rapid City. After meeting with Hymans, the pair went to the Clerk of Courts, who handed them a piece of paper saying the charges had been dismissed by Nelson five days earlier. In dismissing the charges, Nelson cited "jurisdictional issue (charges involve Meade County)." In other words, faced with having to actually prosecute the case, Nelson and her boss, Pennington County States Attorney Glenn Brenner, punted. Since they now argued that the "ingestion" offense for which Sage was charged allegedly took place at Sturgis, in Meade County, Nelson dumped the case on Meade County States Attorney Jesse Sondreal, who has declined to pursue it. After all, who really wants to prosecute a case where there is no evidence to support the charge? Despite losing a skirmish in the war on drugs, Brenner and Nelson were able to stick it to Sage one final time by making him take the long journey to Rapid City for nothing. Sage's expenses attributable to being charged with a crime that presented no evidence have mounted to at least $3,000. "***PERMISSION to reprint or redistribute any or all of the contents of Drug War Chronicleerly The Week Online with DRCNet) is hereby granted. Page 33 www.abateny.org Monroe ABATE Carl Incidentals Officer for 2008 Suzi Q Below Candy Candy is from the Candy Girls MC Dirty Luke is an Monroe ABATE member and member of the Bushmen MC ABATE of New York, Inc. Page 34 NYS’s Motorcycle Rights Organization Advertiser Index Page SPONSORS: 1-800-HURT-911A.I.M. 40 Roadkill - AMSOIL Dealer American Harley-Davidson, Inc. 24 NT Able Agency - Motorcycle Insurance AMSOIL Dealer 18 Buffalo Harley-Davidson 18 Become a Sponsor of ABATE of NY Cesar Insurance 31 Sponsors help us Check Twice Signs 6 Promote Motorcycle Safety, Cycle Stop Harley-Davidson 30 Awareness, & Education Eagle Beverage Co. 6 Eastern Harley Davidson 18 Extreme Biker Leather 25 Frank's Maintenance & Engineering, Inc 24 Geneva Harley-Davidson 25 Gowanda Harley-Davidson 11 Harley-Davidson of Jamestown 25 Harley-Davidson of Suffolk 30 Harley-Davidson of Utica 11 Harvest Moon Hydroponics 26 Haymond Law Firm 39 Headwaters Motor Lodge 9 Iron Block Harley-Davidson, Inc. 24 Ithaca Harley-Davidson 30 Joe Sanders Agency 10 Kantor & Godwin 25 Lighthouse Harley-Davidson Inc 24 Lombardi's Harley-Davidson & Buell 10 Miller's Motorworks 15 Niagara Falls H.O.G. 18 Proner & Proner 2 Rollin Bones Motor Company 30 Seeber's Tavern 10 One Issue Ads Specialized Insurance 27 Am Jam’s Tattoo Expo Stan's Harley-Davidson 6 Stone's Snow Sled 30 Van's Harley-Davidson 16 Wayne County Choppers 30 Woodstock Harley-Davidson, Inc. 30 For information 1-888-344-4400 Sponsorship of ABATE of NY does not denote individual membership in the organization, rather, it signifies the Sponsor's desire to help further the goals and purposes of ABATE of NY, and earns the Sponsor the public recognition of his/her generosity. Interested clubs, businesses, organizations and/or individuals may apply for ABATE of NY Sponsorship through their local ABATE of NY Chapter, or directly to the ABATE of NY State Office: ABATE of NY, Inc. State Office P.O. Box 300 Walker Valley, NY 12588-0300 (Tel. 888-344-4400) You start the game of life with a full pot o' luck and an empty pot o' experience... The object is to fill the pot of experience before you empty the pot of luck. Page Super Swap/Cycle Expo 08 Page 35 www.abateny.org ABATE of New York, Inc. - Membership Application P.O. Box 300 Walker Valley, NY 12588-0300 1-888-344-4400 __ __ __ Full Member $25 per year - includes membership packet, newsletter, all benefits in accordance with State by-laws. Associate Member $20 - available only to additional members of a Full Member’s household (no newsletter). Member At Large $25 per year - same benefits as full, only you elect not to affiliate with a local chapter. NAME: ________________________________________________ DOB _____/_____/_____ ADDRESS: _________________________________________________________________ CITY: ______________________________________ STATE: _________ ZIP: __________ COUNTY: ________________________ PHONE: ( ) _____________________ CHAPTER SELECTED: __________________________ or ____ MEMBER AT LARGE I agree to comply with ABATE of New York’s by-laws, and promote motorcycle education, legislation, and activities in accordance with ABATE of New York, Inc. SIGNATURE ______________________________________________ DATE: _______________ VISA and MasterCard Accepted Card Number Expiration Date (Month/Year) Name: _____________________________________________________ ARE YOU MOVING? Member Number: ___________________ Chapter ___________________ Address: ___________________________________________________ City: ________________________ State: ________ Zip:_____________ Bulk Mail is not forwarded - please update your address: Mail to: ABATE of New York, Inc. P.O. Box 300 Walker Valley, NY 12588-0300 Date this new address is to take effect: ____________________________ Phone _____________ e-mail ________________ Fax ______________ Other members in the household who will need to be updated: Name: _______________________________ Member #: ____________ Signature: __________________________________________________ Comments: Someone in your chapter not getting a newsletter? • Have they moved and not changed their address with the State Office? • Have they renewed their membership? • Do they have a full member in their household? Ask the Chapter Membership Secretary to investigate the problem. ABATE of New York, Inc. Page 36 NYS’s Motorcycle Rights Organization STATE NEWSLETTER ADVERTISING ORDER FORM Date: __________E-mail: ________________________Webpage:_______________________________ Business Name: _____________________________________ Your Name: _________________________ Street: ________________________________________________ Phone: __________________________ City: ________________________________________ State: ___________ Zip: ____________________ For Single Issue Ads ONLY: Number of issues ad is to run _______________ (Circle issue months below): JANUARY MARCH MAY JULY SEPTEMBER NOVEMBER PLEASE REMIT YOUR PAYMENT WITH YOUR ADVERTISEMENT & MAKE CHECKS PAYABLE TO: ABATE OF NEW YORK, INC., PO BOX 12844, ROCHESTER, NY 14612 Phone (585) 426-9452 E-mail: ABATE-Ads@rochester.rr.com NEWSLETTER ADVERTISING RATES **Extra charge applies for front or back inside cover placement. Single Issue Advertisements Full Year Sponsorship – 6 Issues _____ Full Page – 7.5” x 10” $170.00 _____ Half Page – 7.5” x 5” $85.00 _____ Full Page – 7.5” x 10” $1,000.00 _____ Half Page – 7.5” x 5” $500.00 _____ Quarter Page - 3.75” x 5” $260.00 _____ Eighth Page -3.75” x 2.5” $140.00 _____ Business Card - $120.00 Please supply your ad with this form. Business Card Sponsors can supply a business card or similar size ad. If you don’t have a suitable ad, we can prepare one for you. Just supply us with ad text and any graphics. Please print clearly or type all ad text. ABATE of New York, Inc. reserves the right to refuse any advertisement that is not in the best interest of our organization. We also reserve the right to change our advertising rates without notice. Circulation 3500 per issue. Discounts _________ ABATE of New York Corporate Sponsored Events – Free _________ ABATE of New York Chapter Sponsored Events and other MRO’s – 40% Off ($102.00 for full page – $51/half) PLEASE REMIT YOUR PAYMENT WITH YOUR ADVERTISEMENT MAKE CHECKS PAYABLE TO: ABATE OF NEW YORK, INC., PO BOX 12844, ROCHESTER NY 14612 Freedom Writer Advertising Manager, Stuart Nicoll Phone: 585-426-9452 E-mail: ABATE-Ads@rochester.rr.com For information 1-888-344-4400 Page 37 www.abateny.org Iconic Daredevil Evel Knievel Dies at 69 CLEARWATER, Fla. (AP) - Evel Knievel's hard life killed him - it just took longer than he or anyone else might have expected. The hard-living motorcycle daredevil, whose bone-breaking, rocket-powered jumps and stunts made him an international icon in the 1970s, died Friday. He was 69. He had been in failing health for years, suffering from diabetes and pulmonary fibrosis, an incurable condition that scarred his lungs. He had undergone a liver transplant in 1999 after nearly dying of hepatitis C, likely contracted through a blood transfusion after one of his many spills. He also suffered two strokes in recent years. Longtime friend and promoter Billy Rundle said Knievel had trouble breathing at his Clearwater condominium and died before an ambulance could get him to a hospital. “It's been coming for years, but you just don't expect it. Superman just doesn't die, right?” said Rundle, organizer of the annual “Evel Knievel Days” festival in the daredevil's Butte, Mont., hometown. Knievel's son Kelly, 47, said he had visited his father in Clearwater for Thanksgiving. “I think he lived 20 years longer than most people would have after so many injuries, “Kelly Knievel said. “I think he willed himself into an extra five or six years.” Immortalized in the Washington's Smithsonian Institution as “America's Legendary Daredevil,” Knievel was best known for a failed attempt to jump an Idaho canyon on a rocket-powered cycle and a spectacular crash at Caesar's Palace in Las Vegas. He suffered nearly 40 broken bones before he retired in 1980. For the tall, thin daredevil, the limelight was always comfortable, the gab glib. There always were mountains to climb, feats to conquer. “No king or prince has lived a better life,” he told The Associated Presss in May 2006. “You're looking at a guy who's really done it all. And there are things I wish I had done better, not only for me but for the ones I loved.” He garbed himself in red, white and blue and had a knack for outrageous yarns: “Made $60 million, spent 61. ...Lost $250,000 at blackjack once. ... Had $3 million in the bank, though.” His death came just two days after it was announced that he and rapper Kanye West had settled a federal lawsuit ABATE of New York, Inc. over the use of Knievel's trademarked image in a popular West music video. Although he dropped off the pop culture radar in the '80s, Knievel enjoyed a resurgence in popularity in recent years. He made a good living selling autographs and endorsing products. Thousands came to Butte every year as his legend was celebrated during “Evel Knievel Days.” “They started out watching me bust my ass, and I became part of their lives,” Knievel said. “People wanted to associate with a winner, not a loser. They wanted to associate with someone who kept trying to be a winner.” He began his daredevil career in 1965 when he formed a troupe called Evel Knievel's Motorcycle Daredevils, a touring show in which he performed stunts such as riding through fire walls, jumping over live rattlesnakes and mountain lions and being towed at 200 mph behind dragster race cars. In 1966 he began touring alone, barnstorming the West and doing everything from driving the trucks, erecting the ramps and promoting the shows. In the beginning he charged $500 for a jump over two cars parked between ramps. He steadily increased the length of the jumps until, on New Year's Day 1968, he was nearly killed when he jumped 151 feet across the fountains in front of Caesar's Palace. He cleared the fountains but the crash landing put him in a coma for a month. His son Robbie Knievel followed in his father's daredevil footsteps and successfully completed the same jump in April 1989. In the years after the crash, the fee for the elder Knievel's performances increased to $1 million for his jump over 13 buses at Wembley Stadium in London - the crash landing broke his pelvis - to more than $6 million for the Sept. 8, 1974, attempt to clear the Snake River Canyon in Idaho in a rocket-powered ''Skycycle.'' The money came from ticket sales, paid sponsors and ABC's ``Wide World of Sports.” The parachute malfunctioned and deployed after takeoff. Strong winds blew the cycle into the canyon, landing him close to the swirling river below. On Oct. 25, 1975, he jumped 14 Greyhound buses at Kings Island in Ohio. Page 38 NYS’s Motorcycle Rights Organization (Continued from page 38) Knievel decided to retire after a jump in the winter of 1976 in which he was again seriously injured. He suffered a concussion and broke both arms in an attempt to jump a tank full of live sharks in the Chicago Amphitheater. He continued to do smaller exhibitions around the country with his son, Robbie. Many of his records have been broken by daredevil motorcyclist Bubba Blackwell. Knievel also dabbled in movies and TV, starring as himself in “Viva Knievel” and with Lindsey Wagner in an episode of the 1980s TV series “Bionic Woman.” George Hamilton and Sam Elliott each played Knievel in movies about his life. Evel Knievel toys accounted for more than $300 million in sales for Ideal and other companies in the 1970s and '80s. Born Robert Craig Knievel in the copper mining town of Butte on Oct. 17, 1938, Knievel was raised by his grandparents. He traced his career choice back to the time he saw Joey Chitwood's Auto Daredevil Show at age 8. Outstanding in track and field, ski jumping and ice hockey at Butte High School, he went on to win the Northern Rocky Mountain Ski Association Class A Men's ski jumping championship in 1957 and played with the Charlotte Clippers of the Eastern Hockey League in 1959. He also formed the Butte Bombers semiprofessional hockey team, acting as owner, manager, coach and player. Knievel also worked in the Montana copper mines, served in the Army, ran his own hunting guide service, sold insurance and ran Honda motorcycle dealerships. At various times and in different interviews, Knievel claimed to have been a swindler, a card thief, a safe cracker, a holdup man. Evel Knievel married his hometown girlfriend, Linda Joan Bork, in 1959. They separated in the early 1990s. They had four children, Kelly, Robbie, Tracey and Alicia. Robbie Knievel followed in his father's footsteps as a daredevil, jumping a moving locomotive in a 200-foot, rampto-ramp motorcycle stunt on live television in 2000. He also jumped a 200-foot-wide chasm of the Grand Canyon. Knievel lived with his longtime partner, Krystal KennedyKnievel, splitting his time between their Clearwater condo and Butte. They married in 1999 and divorced a few years later but remained together. 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