Legislative Overview
ABATE of Washington participates in an annual Legislative Day at the Capitol in Olympia,
BLACK THURSDAY.
Black Thursday is an all day open event, January 20, 2011, in which appointments are made to meet with our State Legislators; share issues; and ask for support for specific bills that are being proposed for the legislative session.
2011 Agenda Items will include:
ABATE of Washington
A Brotherhood Against Totalitarian Enactments
2011-2012 Legislative Overview
2011-2012 issues that have support and/or sponsorship for the 2011-2012 legislative sessions:
Addressing Motorcycle Profiling. ** In 2010’s Legislative Session, the issue of Profiling Motorcyclist had historical success by passing the House Assembly by a vote of 96-2. The bill was bounced from the Senate Judiciary Committee’s Hearing schedule for a Bill that the governor was seeking. In the end, time ran out, however the momentum has not. ABATE of Washington has been working to secure sponsorship for a new run at protecting our Constitutional Rights. The Confederation of Clubs, US Defenders and ABATE of Washington State are working together to push for legislative enactment of a law that would condemn and prevent the widespread law enforcement practice of motorcycle profiling. The bill requires law enforcement agencies to adopt a policy preventing and condemning motorcycle profiling would reinforce the State Supreme Court’s rejection of discrimination and pre-textual traffic stops reaffirming our right to privacy as outlined in Article I Section 7 of the Washington State Constitution.
Modifying Motorcycle Helmet Use Requirements. **This bill is set to be introduced in both the Senate and the House. While is seems we have the majority of legislature ready to move ahead to repeal or modify RCW 46.37.530, the Chairpersons of the Transportation committee’s continue to ignore the issue. This is not an issue of public burden, but an issue for Judiciary review. Stemming all the way back to the 1994 Washington Appellate court ruling that the use of FMVSS 218 is unconstitutionally vague up and through the 9th Federal District Court Ruling that requires objective data to even perform a helmet stop. There is clear case law that exist on a State and Federal level that invalidates this attack on our 14th Amendment Rights.
Requiring a Reduction in Toll Rates Charged to Motorcycles. **ABATE has been working directly with the Tolling Commission to resolve the unfair treatment of charging the same fee for motorcycles as for other vehicles on Toll roads in Washington. This effort will be brought before the commission at their next meeting. It is possible that ABATE will have championed a change in the Toll policy prior to and without direct legislative relief.
Modification to RCW 46.16.613 – Restricting Motorcycle Participation in Parades. **The current language of this archaic (from 1967) Law give sole authority to the Chief of the WSP (or his designee) to decide whether motorcyclists can ride in any parade in the state a) without a helmet b) side-saddle c) or with oversized handlebars. This jurisdiction of a parade should be the responsibility of the municipality (city) in which the event is being held. In 2009, the WSP denied ABATE of WA permission to ride helmetless at the Spring Opener parade in Goldendale. This type of restriction is ONLY applies to the motorcycle community. We have all witnessed parade participants riding on the rear-deck of a convertible; seen children standing in the back of pick-ups or on flatbed trailers; vehicles that are not permitted on roadways; modified vehicles etc… in parades. Yet motorcyclists have to seek authorization to express their Right of assembly and expression in a public forum such as an INDEPENDENCE DAY parade.
Issues to watch and other Legislative items of interest:
Addressing Capitol Fees. ** This is something brand new that was realized during the planning stages for BLACK THURSDAY 2011.
Although it is not specifically a motorcycle issue, it is another tactic by misplaced authority to balance the budget. The General Administration of the Capitol grounds has place fees for use of certain areas of the State Capitol by goups wishing to exercise their 1st Amendment Right too petition their elected official. Namely: Reserved Parking now has a $200 fee for barricade use on top of the customary money charged to offset the space use. In 2010 the cost to reserve parking was simply to pay the lost revenue for the spaces ($200 in 2010). The same request for 2011 is $250 for the spaces PLUS the $200 barricade use fee; or a total of $450. The TAXPAYERS in Washington already own the barricades. Why would we pay to use something that is already ours? Another example is for the use of the Columbia room located on the bottom floor of the Legislative Building (The Dome). The GA has place up to a $1000 per day cost for groups to utilize this space. Keep in mind that all staff at the capitol is already paid by taxpayer dollar, and are employed to take care of the facility for the general publics use. These fees take advantage of the fact that large groups go to Olympia to lobby their elected officials.
EPA stamps on exhausts: ** California recently enacted a law that allows for Law Enforcement to perform roadside inspection; detain motorcyclist; and issue citation based upon the presence of an EPA stamp on exhaust systems. This law is an adoption of a Federal regulation that is meant for commerce and is aimed at the manufacturers, NOT the consumer. This new California Law will most likely spread to other states. It is being packaged as an Environmental bill, however that simply is not the fact. The motorcycle community needs to become aware of this issue, and be vigilant to stomp it down if it should come up in Washington. Watch the ABATE newsletter for more information.
Motorcycle only Roadside Checkpoints: **The Nation Highway Transportation Safety Administration (NHTSA) has come out with a new Federal Grant program aimed directly at motorcyclist. NHTSA is offering a ‘bounty’ of sorts to State agencies to have Motorcycle only Roadside Checkpoints. Although this is currently a National issue in which House Resolution 1498 (H. Res. 1498) is trying to put a stop to; it could become an issue in Washington State Legislature because currently Checkpoints are not allowed. Clearly agencies within the state, like the Washington State Patrol, may attempt to push for language that would allow for all types of this sort of Roadblock Interdiction stop. Checkpoints are simply a violation of our WA Constitutional Right found in
Article 1 Section 7 (as well as the US 4th Amendment) which protects the citizen from Unlawful Search and Seizure in their private affairs.
The Motorcycle Safety Fund: ** This fund will always be very tempting to the bureaucrats. This fund is established from OUR motorcycle endorsement fees and is earmarked for Motorcycle Safety Education. In an attempt to balance our state Budget, the Governor has her eye on ways to raid any and all funds of this type. In the 2009-2010 legislative sessions, there were 4 pieces of legislation that would have partially or fully raided this fund. ABATE has worked with other MRO’s of Washington to keep the fund protected.
For more information visit out website: ABATE-WA.org or the ABATE FREEDOM magazine.
ABATE of Washington is dedicated to fighting for Motorcycle Rights, and preserving the FREEDOMS guaranteed to citizens in the US Constitution.
No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. ( Terry v Ohio quoting Union Pacific v Botsford.)
It is the responsibility of the citizenry to exercise control over their elected officials, anything less is a loss of liberty. – Mr. Breeze 2010