Kentucky Motorcycle Association / K.B.A.
Jay Huber State President Keith Roberts V. P. of Legislative Affairs
The Kentucky Motorcycle Association / K.B.A. is the voice of motorcyclists here in the state of Kentucky. The KMA/KBA represents the voices of both on and off-road motorcyclists on a variety of issues. The pieces of legislation we have identified this session so far may have an impact on this community and as such we would ask for your support / opposition to the following bills.
Bills to Support
We ask that you please sponsor / co-sponsor/ support the following pieces of legislation.
HB 370 (BR 1477) - J. Bell, W. Stone AN ACT relating to traffic regulations.
Amend KRS 189.338 to establish an affirmative defense for an operator of a motorcycle for a violation of entering or crossing an intersection controlled by a traffic signal against a steady red light; establish criteria for an affirmative defense; provide that the affirmative defense shall not constitute a defense to any other civil or criminal action. Motorcycles have trouble tripping the light at certain intersections. While the DOT has been very helpful in addressing some of these intersections it is difficult to say the least to get all intersections to sense all types of motorcycles. Please Cosponsor and/or Support this bill.
HB 68/LM/CI (BR 259) - K. Flood AN ACT relating to reckless driving.
Amend KRS 189.990 to increase penalty for violation of KRS 189.290 where death or serious physical injury occur. With so many inattentive drivers on the roads due to cell phones and other distractions many simply do not pay attention to motorcyclists and others. In an effort to bring the issue to the forefront and make drivers more responsible for their actions we support this bill with an amendment to make it a Class A misdemeanor instead of a felony.
Tolls. First and foremost our association is opposed to tolls. However, should they occur we would like to see motorcycles exempted or charged at no more than ½ the cost of a car when using a toll road. We would like to see an amendment or legislation which would address the fairness of the tolls with regards to motorcyclists. Due to the weight of motorcycles they do little if ANY damage to the road surface and do NOT contribute to the need for maintenance in the way larger vehicles do. For this reason we feel motorcycles should be tolled less for road usage than other forms of transportation.
HB 70, HB 26, SB 17, SB 26 and/or SB70 – All of these bills restore the voting rights of felons once they have served their time. The KMA supports the overall goal of including more people in the legislative and voting process. While some details differ between these bills we do support the overall goal that each of these bills represent.
Medicaid Expansion / Affordable Care Act
We will support any and all bills/efforts which seek to limit the effects of the Affordable Care Act and Medicaid expansion here in KY. We believe that it is only a matter of time until unelected bureaucrats begin telling us that in order to be covered by our policies set forth by the federal government, that we will need to wear a helmet, stop riding, give up our guns, stop eating Twinkies, etc…. We see the Affordable Care Act as an avenue to control people’s personal lives. Please stop anything related to this or similar program from going forward.
HB 12 (BR 11) - D. St. Onge AN ACT relating to drone surveillance. Create a new section of KRS Chapter 500 to define "drone"; prohibit a law enforcement agency from using a drone to gather evidence or other information; provide exceptions; prohibit use of evidence obtained in violation; provide that the Act may be cited as the "Citizens' Freedom from Unwarranted Surveillance Act."
Bills to Oppose
We ask that you please vote NO and work against the passage of the following pieces of legislation.
HB 145 (BR 344) - S. Westrom, D. Watkins
This is the state-wide smoking ban bill. Once again it is a case of government trying to tell us how to live our lives. If we let them do it in one area then what is next? The KMA/KBA will oppose any piece of legislation which attempts to empower the nanny-state style over reach of government.
HB 58/LM (BR 4) - R. Meeks AN ACT relating to DNA. Please oppose this bill in that no person should be required to submit evidence against themselves for any reason. All persons have a presumption of innocence until proven guilty beyond a reasonable doubt. Moreover we have a right against self-incrimination. This bill violates both of these principles of our judicial system.
HB 176 (BR 894) - J. Jenkins AN ACT relating to the use of bicycle helmets for persons aged 16 and younger. We simply DO NOT need any more nanny state laws on the books. Let parents decide how to raise their kids.
Bills We are Monitoring
The following three bills (HCR 45, SB 29 and HB 167) deal with the road fund. The KMA/KBA acknowledges that we do need a good funding mechanism in place to help maintain the roads. A comprehensive look at the tax structure surrounding all vehicles needs to be looked at. In addition to addressing the gas tax we would like to see the removal of ad valorem tax on vehicles added into this discussion as well. Voters overwhelmingly approved the Constitutional amendment to allow the legislature to do this and there has been no action on it since.
SB 29/LM (BR 338) - E. Harris, J. Bowen AN ACT relating to motor fuels taxes and declaring an emergency. Amend KRS 138.210(10) to set the minimum value for the average wholesale price of gasoline used for computation of the motor fuels tax at $2.354 per gallon; EMERGENCY.
HB 167/LM (BR 927) - L. Bechler AN ACT relating to motor fuels taxes. Amend 138.210 to remove any adjustment to the average wholesale price of motor fuels without direct action of the General Assembly.
HJR 44 (BR 497) - J. Shell, D. Butler Direct the Transportation Cabinet to study the feasibility of Smartphone operator's licenses. Our concerns stem from any potential violation of our privacy and other constitutional rights such as search and seizure. Any use of this MUST limit law enforcement’s ability to use or access any information on the phone other than the license information. Strict penalties should be added for those officers who violate that principal.