Legal Issues

Hello, Everyone--        
 
Our Careless Driving legislation, known as "Jaggers' Law", became SB 1929.  Jaggers' Law was originally left off the calendar, but was been given a new designator, and proceeded through channels.  The bill had been voted out of House Committee with a "DO PASS" recommendation, made its way to the House Floor, and I'm proud to report that it was approved by the entire Oklahoma House of Representatives on April 19!   The title is on the bill, and it's been enrolled by the Senate, which means it should go to Gov. Henry's office for signature sometime in mid-June.  I expect that when it's signed, it won't have an Emergency Designator included, which means it'll go into effect on November 1.  The process is NOT over until the bill is signed, so Oklahoma riders are encouraged to call the Governor's office, thank him for the good job he's been doing, and politely recommend that he sign Jaggers' Law, SB 1929, into law.  This is as close as we've come to getting this important legislation on the books, so you can bet I'll be notifying all Oklahoma riders as soon as it's signed!  Many thanks to Holly Swinford, our Political Director, for all the hard work she's put in on this important issue.  I especially want to thank Denise Jaggers and Janice Raymond, David's widow and sister, for their efforts and support in helping to keep this legislation in the spotlight, and to all Sooner State motorcyclists and trikers that kept contacting the Legislature to urge its passage.  Over the last month, West Virginia and Iowa have passed their similar legislation, and their bills have been signed into law by their respective Governors.  That makes the count nine states currently that have passed legislation in keeping with the AMA's "Justice For All" campaign.  With a little luck, Oklahoma will get SB 1929 signed (the third time for us would definitely be the charm), and we'll become State Number Ten!  I can imagine David Jaggers smiling down on us right now--having this legislation directly contribute to reducing deaths and injuries caused by irresponsible motorists in the Sooner State is a fitting tribute to the memory of a good man who is loved and missed by many.  As an SMRO leader who has put in a LOT of hours on this issue, I'll be very glad for us to have achieved the victory.  The underlying reason for Careless Driving legislation is PREVENTIVE DETERRENCE, and Motorcycling Rights Activists in states where this legislation has been passed have every reason to be proud of what they've accomplished.  If inattentive, careless, negligent drivers get slam-dunked with increased penalties and the death and injury rates go down for EVERYBODY they share the Road with, then the legislation has achieved a positive result.  Motorcyclists aren't seeking special treatment in this area--we're seeking EQUAL treatment under the law.  That's why we've included ALL that share the Road as beneficiaries of this type of legislation--that and the fact that we've stood a MUCH better chance of getting the legislation passed if it is all-inclusive.  Everyone victimized by negligent drivers--Bikers, pedestrians, whoever--has families, loved ones and friends who are also victimized by these irresponsible motorists, and the carnage MUST stop!  If encouraging more responsible driving in this manner will help reduce deaths and injuries, then our considerable efforts have been worthwhile--THAT, in my opinion, is what the Justice For All campaign is all about.  So, lets all call Governor Henry's office to say hello and urge signature, and bring this process to a productive conclusion.  If anyone has any questions, please contact me, or call the ABATE Hotline at: 405-329-7254.  Have a good week, Ride Safely, Sober and Aware, and I'll see you on the Road.

 

Hello, Friends--

Here is the content of SB 1929 that is relevant to us.  Note that, to start, Section One specifies that the Act, which consists of the first three sections, shall be known as "David Jaggers' Law", so this is the official designator of the legislation as applies to us.  For those others considering similar legislation, our providing a detailed biographical sketch of David, his family, and his many interests along with multiple family photos helped inseparably link David to the proposal, and did much to convince legislators to both designate the legislation as "Jaggers' Law" and to vote for approval.  Additionally, there's a fine of $1,000 attached for anyone convicted of a fatality of injury Right-of-Way violation.  We had to compromise and remove the mandatory Driver's License Suspension proposal to increase the chance of passage, because some Legislators were vehemently opposed to "denying an individual's ability to make a living" by removing their ability to drive an automobile for six months or a year (the year's suspension was what we were pushing for).  We couldn't seem to convince them that the victims of fatality wrecks due to negligent driving were denied their right to make a living FOREVER.  The third provision creates a Motorcycle Safety and Drunk Driving Awareness fund as part of the Oklahoma Department of Public Safety, which is what the extra ROW Fine will go to bankroll.  This fund is designed to promote Motorcycle Safety Awareness, Defensive Driving for young people, and Drunk/Impaired Driving Awareness Education.  I'll be very interested to see how much money is eventually raised over a periodic interval to fund these programs.  Take care, Ride Safely, and I'll see you on the Road.

In Freedom,

Tiger Mike

ABATE of Oklahoma

 

I'm very pleased to echo Holly's joy and pass along the good news that SB 1929, "Jaggers' Law", was SIGNED INTO LAW today by Oklahoma Governor Brad Henry! This law, in keeping with the AMA's "Justice For All" campaign, is designed to increase penalties for careless, irresponsible drivers that hurt and kill those they share the road with. The law adds a ONE THOUSAND DOLLAR FINE to fatality or injury wrecks where the conviction or guilty plea includes a traffic violation for Failure to Yield Right-Of-Way. The money raised will go into a Department of Public Safety fund to increase Motorcycling Safety Awareness, Reduction of Drunk/Impaired Driving, and Defensive Driving for young people. We're going to confirm this, but Holly believes an Emergency Clause hasn't been attached, which means the law will go into effect on November 1. ABATE has filed a request for a formal signing ceremony with the Governor, which should take place in Mid-June. Heartfelt thanks to Holly, our Political Director, for all her hard work and many visits to Capitol Hill; to folks like Denise Jaggers and Janice Raymond, David's wife and sister , for constantly buttonholing legislators and keeping this bill in the spotlight; and to all of you in our Motorcycling Community for making the phone calls and visits to the Legislature, attending the Jaggers' Law Poker Runs in 2004 and 2005, and for supporting ABATE of Oklahoma's efforts to improve the Quality of Life for ALL motorcyclists and trikers in the Sooner State. This legislation is a fitting tribute to the late and beloved David Jaggers--a very special member of our Community who gave so much while he was with us, and continues to be a force for good with this law being passed in his honor. I'm extremely proud of each and every one of you that got involved, and ABATE couldn't have accomplished this victory without you! Again, many thanks for your generous support, and I look forward to our continued progress in defending Motorcycling Freedom, in Oklahoma and nationwide.