Januaryr2008 ABATENY.pub

Transcription

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 [email protected]
Pam Wright 315-923-3422 [email protected]
Vice President
Webmaster
Beth Michaelsen 585-293-2086 [email protected]
Treasurer
John Cholewa 845-483-0121 [email protected]
State Office Manager
Pete Smith 315-794-2181 [email protected]
Chris Werder
Secretary
P.O. Box 300, Walker Valley, NY 12588-0300
Kathy Grasby 585-728-5246 [email protected]
Toll Free: 888-344-4400 [email protected]
Legislative Coordinator
Pam Wight 315-923-3422 [email protected]
Sergeant at Arms
Mike Grasby 585-728-5246 [email protected]
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 [email protected]
Western Region A Coordinator
Shawn Fenner 585-370-4515 [email protected]
Central Region B Coordinator
Open
Cnic Region C Coordinator
Tom Alton 315-342-2446 [email protected]
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 [email protected]
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: [email protected]
Advertising Manager
Stuart Nicoll
585-4269452
[email protected]
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
Open to all ABATE of New York members.
ABATE of NY State Office Manager
Chris Werder
P.O. Box 300
1-888-344-4400
[email protected]
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
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
Page 6
Visit us online at:
www.stanshd.com
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
Page 8
(Continued on page 29)
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
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.
Page 10
(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
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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
[email protected]
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
[email protected]
Celebrating 60 years of motorcycle sales & service
Page 12
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).
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
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
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
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
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(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
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
Page 16
(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
Page 17
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(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.
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AMSOIL AND ALTRUM AUTHORIZED DEALER
ZO# 1434872
47-37 245th Street
Douglaston, NY 11362
(917) 747-0662
[email protected]
www.lubedealer.com/bobp
EASTERN HARLEYDAVIDSON & BUELL
1570 OLD COUNTRY RD. (ROUTE 58)
RIVERHEAD, L.I., NEW YORK 11901
[TEL] 631.727.4700
Page 18
[FAX] 631.727.5932
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
[email protected]
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
JOHN BRINKWORTH, JR., Vice President
website: www.buffaloharley.com
Page 19
www.abateny.org
Proner Colored Ad
Page 20
Proner Scholarship
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,
Phone: 888-344-4400
___________________________________________________
Page 22
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)
_____________
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
[email protected]
Pam
Use Patience & Tolerance for a happy chapter.
Page 24
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
[email protected]
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!
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
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
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: [email protected]
2736 Lakes Corners Rose Valley Rd
appointee email me or one of the board.
Clyde, NY 14433
Page 28
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
Page 29
www.abateny.org
FLATHEADS
to
TWIN CAMS
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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 ● [email protected]
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
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Support Our Advertisers
710 Rt. 104
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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
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
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: [email protected]
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:
[email protected]
Send your events to John so your events can be in the March issue!!!
Page 32
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
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
Page 34
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
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
(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
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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.
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Comments:
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• Have they renewed their membership?
• Do they have a full member in their household?
Ask the Chapter Membership Secretary to investigate the problem.
Page 36
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: [email protected]
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
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_____ 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: [email protected]
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
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
(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. Knievel had 10 grandchildren
and a great-grandchild.
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NY 13902
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PO Box 1311, Riverhead, NY
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Page 39
Dedicated to Freedom
of the Road
www.abateny.org

Januaryr2008 ABATENY.pub

Transcription

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