U.S. Representative Michael Burgess (R-TX-26) and U.S.
Representative Bart Stupak (D-MI-1) recently introduced H.R. 1076,
"The HIPAA Recreational Injury Technical Correction Act.”
Identical legislation obtained 177 bipartisan cosponsors and
passed the full Senate in the 108th Congress.
H.R. 1076 aims at ending health care discrimination for
individuals participating in legal transportation and recreational
activities-activities like motorcycling, snowmobiling, skiing,
horseback riding, and all-terrain vehicle riding.
This legislation addresses a loophole caused by a Department of
Health and Human Services' rule making it possible for health care
benefits to be denied to those who are injured while participating
in these activities.
“The development of this bill could not have been possible
without bipartisan congressional support and the hard work of the
American Motorcyclist Association,” stated Congressman Burgess.
“I look forward to working alongside the AMA to get this
legislation passed into law.''
Congressman Stupak noted, “This important legislation would
prevent health insurance discrimination against citizens who take
part in legal, recreational activities such as motorcycle riding
and snowmobiling. I look forward to continuing to work with the
American Motorcyclist Association and other organizations on this
issue."
On August 21, 1996 an important opportunity arose when
President Clinton signed the Health Insurance Portability and
Accountability Act (HIPAA), prohibiting employers from denying
health care coverage based on a worker’s pre-existing medical
conditions or participation in legal activities, such as
motorcycling.
In 2001, the Department of Health and Human Services released
the final rules that would govern the HIPAA law. The rules
recognize that employers cannot refuse health care coverage to an
employee on the basis of their participation in a recognized legal
activity. However, the benefits can be denied for injuries
sustained in connection with those activities. Therefore, you
were guaranteed the right to health care coverage but not
guaranteed any benefits in return for your monthly payments.
The AMA is urging all motorcyclists to notify their
Representatives and tell them to co-sponsor and support H.R. 1076,
"The HIPAA Recreational Injury Technical Correction Act."
River City Chapter Members Visit With Governor Otter
click on photo
for larger image
River City Chapter
members (l
to r) Willie Stephenson,
Karen Hunley and Tim Herzog
(far right)
visit with Idaho Governor "Butch"
Otter at the recent Lincoln Day Dinner held in Coeur d'Alene, ID.
There was also an opportunity to visit with Idaho Congressman Bill Sali,
numerous Idaho state Senators and Representatives and community
leaders.
Hello Again
Idaho Motorcyclists,
NOW IS THE
TIME TO ACT! There has been much discussion on the topic of
covering loads this past week in the Legislature. March 23 is the
intended deadline for the end of the 2007 Legislative Session due
to planned construction on the Capital Building. To get the
proposal (RS16965) into the law-making process, the proposal needs
to heard by the Senate Transportation Committee. At this time, it
is not on the Committee's agenda.
If you are
planning to support this proposal, please contact the Chair of the
Senate Transportation Committee, Senator John McGee at jmcgee@senate.idaho.gov to
request that this proposal be discussed. It wouldn't hurt to
also contact the members of the Committee (see process below) to
encourage them to get this on the Agenda. The hearing date on
this topic is to be determined. Please let me know if you contact
any Legislators on this topic. I would like to keep Senator
Langhorst up to date on any support provided from the Motorcycling
community.
Thanks again
for your help.
Safe Riding,
Jake
Heusinkveld
Boise, Idaho
jakeh@cableone.net
Idaho Senate Bill 1113:
Fellow Freedom Fighters,
SB49 is being introduced to the
Nevada Legislature. This bill will MAKE NEVADA A FREE STATE by removing "...
the requirement that drivers and passengers on certain motorcycles wear
protective headgear."
The Nevada Legislature is giving
us all a chance to vote and post our comments online about SB49 by going
here:
https://www.leg.state.nv.us/74th/opinions/Poll/index.cfm?drpMenuOne=120#EnterInfo
OR here:
http://tinyurl.com/2uttwm
You will have to include your
name and address in order for your vote to count, but you do NOT have to be
a Nevada resident, and your name and address are not posted publicly. But
your comments will be! You can view the current opinion vote count by
locating "SB49" here:
https://www.leg.state.nv.us/74th/opinions/reports/OpResults.cfm
OR here:
http://tinyurl.com/2u4cfh
You can view yours and other
posted comments by submitting "SB49" here:
https://www.leg.state.nv.us/74th/opinions/vwComments.cfm
OR here:
http://tinyurl.com/2vmegr
PLEASE take the time to cast a
vote FOR SB49 and FOR FREEDOM in this poll. And PLEASE post comments in a
respectful and persuasive manner. Remember that this is NOT a "helmet
issue", it is a "helmet law issue". Mandatory helmet laws are
discriminatorily unconstitutional in that--by mandating helmets for
motorcyclists as opposed to all motorists--they violate the "equal
protection" guaranteed by the 14th Amendment to the United States
Constitution. And besides, helmets cannot prevent crashes, and all mandatory
motorcycle helmet laws do is make negligent, care-less, distracted
and impaired motorists feel less
guilty about maiming and killing us!
VOTE ONLINE FOR SB49 ... a law
that will restore FREEDOM OF CHOICE in the great state of Nevada. And PLEASE
FORWARD this email to every concerned motorcyclist you know!
Bruce Arnold
Bruce@LdrLongDistanceRider.com
Post replies and look for updates
on this issue here:
http://pub42.bravenet.com/forum/3562429698/fetch/779085/
Future Helmet Law in
Montana?
Update on HB 534:
Helmet law quickly killed amid large opposition
By MATT GOURAS Associated Press Writer
HELENA, Mont. (AP) -
Motorcyclists lined up Thursday to oppose a proposal that would
require they wear a helmet when riding, arguing wearing helmets
could actually be more dangerous.
The bill was quickly
killed by a legislative committee amid the overwhelming
opposition.
Dozens of motorcyclists
argued they should be allowed to choose whether they want to wear
a helmet, as they currently do under state law.
"I make the decision,
this is America for God's sakes," said motorcyclist Ralph Elrod of
Wolf Creek, a retired fire chief.
Hospital groups and
others argued that costly head injuries from motorcycle crashes
could be prevented with a mandatory helmet law. Taxpayers often
have to pick up the tab for the expensive care.
"We are the ones who
pay for their choice not to wear a helmet," said sponsor Rep. Ron
Erickson, D-Missoula.
The measure would have
levied a $50 fine on those caught without a helmet.
Hospital and health
groups said the evidence is clear that their costs and those of
emergency medical responders increase when a motorcyclist crashes
while not wearing a helmet.
"Odds are that if that
person survives, he or she will suffer a traumatic head or spinal
injury," said Mike Foster, speaking on behalf of a number of state
hospitals.
Opponents of the
mandatory helmet law said the helmets can restrict vision and
hearing, and create unsafe situations. They should be allowed to
decide individually, based upon the riding situation.
"It's an issue of
freedom," said Sen. John Brueggeman, R-Polson.
An amendment that would
have allowed those with at least $100,000 medical insurance to
ride without helmets, while forcing the rest to wear a helmet, was
shot down before the bill was tabled.
Supporters said that
change would have protected taxpayers from the big cost of caring
for crash victims while allowing those who wanted to ride without
a helmet.
The measure was tabled
with a 15-2 vote.
http://www.missoulian.com/articles/2007/02/15/legislature/leg81.txt
Link to:
ABATE of Montana
NEW Idaho Motorcycle
Rights Organization Formed
Certificates of
Appreciation Presented
On behalf of motorcyclists in Idaho ANI State
Legislative Chairman Tim "TJ" Herzog (right) and Willie
Stephenson, Coordinator River City Chapter, present a
Certificate of Appreciation to both Senator Mike Jorgenson
(top) and Senator Skip Brandt (bottom) for their work
sponsoring and supporting Idaho Senate Bill 1367, the motorcycle
stoplight bill. We thank them for their efforts on our behalf.
A Certificate of Appreciation has also
been prepared for and was presented to Rep. Phil Hart
who sponsored and carried S1367 in the Idaho House. We are equally
appreciative of Rep. Harts diligent work in support of our
motorcycle stoplight bill, as well.
4/26/06
MOTORCYCLES
NEW LAW BENEFITS MOTORCYCLISTS
A new law goes into effect on July 1, 2006
that will allow a motorcyclist to proceed with caution
through a red light after that signal does not change to green
after one complete cycle of that traffic signal. Motorcyclists
have been plagued for many years with traffic signals that do not
recognize a motorcycle due to its size. This problem exists
primarily in low traffic situations when there isn't another
vehicle to trigger the sensors in the ground.
Senate Bill 1367 was sponsored by
Senator Mike Jorgenson, District 3 of Hayden Lake and supported by
the Idaho Transportation Department, the Idaho State Police and
ABATE of North Idaho, Inc., a Motorcyclists Rights Organization.
The complete bill and related information can found on the
website; www.abateofnorthidaho.org.
Tim
Herzog
Legislative Chairman
ABATE
of North Idaho, Inc.
S1367
IS SIGNED!
As many of you know by now Governor Kempthorne signed
S1367
into law on Friday, April 7th and will go into effect on July 1st,
2006. Idaho is only the 4th state to pass such legislation.
Minnesota passed a bill in 2002, Tennessee in 2003 and Arkansas
passed their bill in 2005.
According to Imre Szauter, Legislative Affairs Specialist for the
American Motorcyclists Association,
Idaho is the
1st state in 2006
to enact a traffic-actuated signal bill for motorcyclists.
"Other states are still trying (New York, for example) while
others have failed to do so this year (Washington, for example)."
Szauter continues, "Clearly, four states now recognize
traffic-actuated signals as a problem for motorcyclist. One, I
believe this sets into motion a campaign that other states DOT's
will pick up on and two, this alerts NHTSA, FWHA and other federal
agencies that the states are dealing legislatively with a problem
that already has an engineering solution but no funding."
We would like to thank Imre Szauter and the
American Motorcyclists Association
for their input and assistance in getting S1367 passed and signed
into law. Their professionalism and willingness to jump in and
assist the motorcyclists in Idaho is greatly appreciated and is
deserving of our thanks.
Also, we would most certainly like to thank Senator Mike Jorgenson and
Senator Skip Brandt for sponsoring S1367 in the Senate and
Representative Phil Hart for sponsoring our bill in the House. We
would also like to thank House Transportation and Defense
Committee members Rep. Bob Nonini and Rep. Kathy Skippen for their
support, as well.
Are you happy you live in Idaho now?
Questions or comments regarding
this web site can be sent to:
webmaster@rivercityabate.org
Whether
you’re a veteran lobbyist or just a concerned motorcyclist who
wants to be heard on Capitol Hill, the American Motorcyclist
Association’s “Washington, D.C. Ride Into Political Action”
seminar is for you.
