Untitled Normal Page

_____________________________________________

HOUSE BILL 1466
_____________________________________________

State of Washington

59th Legislature

2007 Regular Session

A Brotherhood Against Totalitarian Enactments

Black Thursday Stuff

Malfunctioning Traffic Signal

1 AN ACT Relating to motorcycles at traffic signals; adding a new

2 section to chapter 46.61 RCW; and providing an effective date.

3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

4 NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW

5 to read as follows:

6 Notwithstanding any provision of law to the contrary, the operator

7 of a street legal motorcycle approaching an intersection that

8 is controlled by a triggered traffic control signal using a vehicle

9 detection device that is inoperative due to the size of the street

10 legal motorcycle shall come to a full and complete stop at the

11 intersection. If the signal fails to operate after one cycle

12 of the traffic signal, the operator may, after exercising due care,

13 proceed through the intersection. It is not a defense to a violation of RCW

14 46.61.050 that the driver of a motorcycle proceeded under the belief

15 that a traffic control signal used a vehicle detection device or was

16 inoperative due to the size of the motorcycle when the signal did not

17 use a vehicle detection device or that any such device was not in fact

18 inoperative due to the size of the motorcycle.

19 This act takes effect September 1, 2007.

--- END ---

Here are the other states and the legislation that provided the change to their laws:

Minnesota (2002, HF-3203) see
http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H3203.4&session=ls82

Tennessee (2003, SB-1200) see http://www.legislature.state.tn.us/info/Leg_Archives/103GA/bills/BillStatus/SB1200.htm

Arkansas (2005, HB-2833) see
ftp://www.arkleg.state.ar.us/bills/2005/public/HB2833.pdf)

Idaho (2006, SB-1367) see
http://www.legislature.idaho.gov

"Give support, Where support is given!"

The following Legislators have supported our bills-
Take time and thank them personally……

Past Supporters:

Helmet repeal! 2005-2006

House: DeBolt, Blake, Woods, Haler, Grant, Nixon, McCune, Wood, Orcutt, Ericksen, Schindler, Armstrong, Eickmeyer, Campbell, Condotta, Kretz

Senate: Sheldon, Delvin, Zarelli, Mulliken, Hewitt, Hargrove, Carrell, Benton

2003-4

House:, Mielke, Roach, Woods, Carrell, Hatfield, Wood, Dunshee, DeBolt, Kirby, Buck, Quall, Upthegrove, Anderson, Alexander

Senate: Delvin, Mulliken, T. Sheldon, Zarelli, Benton, Carlson

Left Turn: 2003-2006

House: Flannigan, Woods, Darneille, Condotta, Kirby, Orcutt, Simpson, Haigh, Nixon, Chase, Strow, Hunt, Blake, Campbell, Kagi

Rockefeller, Darneille, Hatfield, Orcutt, Mielke, Delvin, Condotta, G. Simpson, Upthegrove , Hinkle

Helmet is a Helmet-2003

House: Orcutt, Woods, Hatfield, Mielke, Murray, Blake, Wood, Boldt, Dickerson, Delvin, Lovick, Hudgins, Hankins, Rockefeller, Hinkle, Campbell

Senate: Zarelli, Haugen, Prentice, Mulliken, Benton, Oke, Carlson

Profiling: 2003-2006

House: Kirby, Orcutt, Mielke, Murray, Hinkle, Dunshee, Armstrong, Newhouse, Holmquist, Clements, Talcott, Condotta, Blake, Wood, Morrell, Kagi, Hudgins, Conway, Walsh, Strow, Dunn, Grant, Campbell, Chase, Kilmer, Eickmeyer, Woods, B. Sullivan, Darneille

Legislative Plan 2007
Discrimination/Profiling, Based on Lifestyle

COC and ABATE will take a leading role in developing a plan to introduce and pass a Law that protects Washington State Citizens from being discriminated against, by law enforcement agencies based on lifestyles. IE: Harassment stops, (fishing) based on appearance not criminal activities, or Profiling based on appearance or organizational membership, IE: Gang affiliation We may also word it to include being denied access to events or establishments, based of appearances. IE: “No Colors”

Therefore I am asking for your help. I need real stories with dates, officer names, citation numbers, and info on court if it went that far. IE: My name is Joe Shmo, I live in Seattle. Officer Smith, badge #234 King County Sheriff, stopped me on June 4th 1999 at 7:15 PM on 24th & Pacific HWY. He stopped me for brake light too bright, he thought my brake light was stuck on. (It wasn’t) then he started interrogating me, running my plates, did a sobriety test (I wasn’t drinking, I passed) In passing he made a comment that he would get me next time, because all bikers are low life’s, I was released at 7:55 PM. ETC:

"To establish republican government, it is necessary to effect a constitution in which the will of the nation shall have an organized control over the actions of its government, and its citizens a regular protection against its oppressions." --Thomas Jefferson

Legislators that supported this bill last year-

Profiling: 2003-2006

Bogus or Profile Stop

Name:___________________________ Date:___________________________ Phone: _____________ (Confidential)

Officers name: _____________________________ Badge #:________________

His Depatment:______________________________________

I am asking for your help. I need real stories with dates, officer names, citation numbers, and info on court if it went that far. IE: My name is Joe Shmo, I live in Seattle. Officer Smith, badge #234 King County Sheriff, stopped me on June 4th 1999 at 7:15 PM on 24th & Pacific HWY. He stopped me for brake light too bright, he thought my brake light was stuck on. (It wasn’t) then he started interrogating me, running my plates, did a sobriety test (I wasn’t drinking, I passed) In passing he made a comment that he would get me next time, because all bikers are low life’s, I was released at 7:55 PM. ETC:

NOTES:

Send to ABATE of WA
ATTN: Legislative Affairs
PO Box 8369
Tacoma WA 98419

Freedom is worth the Fight!

Freedom isn’t free!

Those who destroy liberty in the name of good, seem harmless,
but they are the most dangerous due the deceptive & subtly
nature of their actions.

Freedom can only be taken, Freedom can not be given away it must be earned!

PLEASE REMOVE THESE PAPERS !!!!

ABATE OF WASHINGTON

ABATE MEMBERS:

These papers are for you to take with you.
DO NOT give these to your legislators.
The legislators will only receive the folder only. The following papers will include:

Ø Talking points about the current bills.

Ø Do’s and Don’ts

Ø Exit Polls

If you have any questions, please go to the
Black Thursday booth for assistance.

ABATE OF WASHINGTON

Talking Points

Profiling

Ø We are motorcycle riders that utilize public roads and we do not want to be treated differently from other motorists based on attire and type of vehicle.

Ø There are not any additional costs involved in training police and sheriff staff.

Ø The bill will clarify language that might be otherwise vague.

Malfunctioning Traffic Signal Bill

Ø This bill promotes motorcycle rider safety at intersections by reducing our exposure to traffic.

Ø It allows riders to safely proceed through an intersection without congesting roads and aggravating other motorist due to non-functioning lights.

Ø There are not any additional costs involved.

Helmet Repeal

Ø It allows adults, not children, the choice on whether to wear a helmet or not. This bill gives riders the option of whether or not he/she wants to wear a helmet.

Ø Includes language, that if you have health care insurance or have taken a Motorcycle safety course, this law applies to you.

Ø Helmets can restrict riders’ peripheral vision and can cause safety concerns.

Ø Most riders have some form of insurance when they ride. It would not be a financial burden to the state.

ABATE OF WASHINGTON

The following are bills that we support/oppose:

FROM LAST YEAR!

SB 5280-Requiring motorcycle safety coarse to be approved by Director of DOL (WRRA bill)

Driving on Margins- (Not an ABATE or WRRA bill)

HB 2040-Modifying tax exemptions for sales of motorcycles

SSB 5420-Modifying restrictions on children riding motorcycles (ABATE and WRRA provided input on bill but neither sponsored it)

SB 5783-Helmet repeal (Senate) (ABATE sponsored bill)

ESHB 1029 and SB 5031: Regulating ATVs (Not an ABATE or WRRA bill)

N

OTE: The talking points were given on our best three bills in the legislature. You are free to discuss the above topics with your representatives if time permits. Please be brief and to the point. The Profiling, Malfunctioning Traffic Signal , and Helmet bills are already included in the packet. The legislation listed above is not.

ABATE OF WASHINGTON

DO:

Ø Be polite, courteous, and brief

Ø Answer questions that the representative may have

Ø Come to your appointment on time

Ø Follow up with any requests that the legislator may have

Ø Speak clearly

Ø Come prepared. Review your material before your appointment

Ø Rehearse what you will say

Ø Be open to suggestions and opinions the legislators may have

Ø Watch your time

Ø Be respectful of their office

Ø Dress for appropriately for the event

DON’T:

Ø Interrupt, finish sentences or rattle on about unrelated issues

Ø Argue or disagree with the legislator

Ø Fall through with the representative’s requests

Ø Come late to appointment and expect them to accommodate you.

Ø Critique or slander other legislators

Ø Mumble or speak softly

Ø Give false or misleading information if you are unable to answer at question

Ø Make yourself at ‘Home’

Ø Wear clothes that are revealing, suggestive, or confrontational

Ø Be disorganize or unprepared

Ø Go over your appointment time

Ø Use foul language

These are some common sense approaches when dealing with your representative.
You are the best advocate for your bills. Your legislation

ABATE OF WASHINGTON

success relies on how well it is presented, promoted and organized.
It is up to you to be the best advocate you can for your issues.

Black Thursday Exit Poll 2007 Your District #________

The bills listed below are either introduced, or in the process of introduction. We need the opinion of your reps to determine what level of support we can expect from them. Please try to enlist their support and obtain their comments on each issue. If you need more room for comments, please feel free to write in them on the back. Once you have completed the survey, please return them to the ABATE booth. Thank-you.

Helmet Repeal: This bill is currently running in the Senate. The bill will modify the Washington Helmet law to allow choice of helmet use for adults 21 and over.

Senator:________________ ?For ?Against Comments:

Rep:___________________ ?For ?Against

Profile Bill: This will require the WSP and other agencies to track stops and report outcomes on motorcycle stops, i.e. what kind of bike, the infractions, the convictions, etc.

Senator:________________ ?For ?Against Comments:

Rep:___________________ ?For ?Against

Traffic Signal Malfunction Bill: This bill is similar to the bill that was passed in Tennessee.
Lights won’t change so wait then treat left turn light as a stop sign.

Senator:________________ ?For ?Against Comments:

Rep:___________________ ?For ?Against

Intend to Pre-File in Senate 2007

Senate Bill ????

State of Washington
59th Legislature
2006 Regular Session

WE NEED THE SUPPORT OF THE FOLLOWING LAWMAKERS-

Senate Judiciary - Kline, Chair; Weinstein, Vice Chair; *Johnson; Carrell; Esser; Hargrove; McCaslin; Rasmussen; Thibaudeau

AN ACT Relating to preventing the use of law enforcement profiling on the basis of whether a person is riding a motorcycle or wearing motorcycle-related paraphernalia; and adding a new section to chapter 43.101 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1 A new section is added to chapter 43.101 RCW to read as follows:
(1) Local law enforcement agencies shall:
(a) Adopt a written policy designed to condemn and prevent motorcycle profiling;
(b) Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster the practice of motorcycle profiling;
(c) Institute training to address the issues related to motorcycle profiling. Officers should be trained in how to better interact with persons they stop so that legitimate police actions are not misperceived as motorcycle profiling; and
(d) Work with the motorcycle groups in their communities to appropriately address the issue of motorcycle profiling.
(2) The Washington Association of Sheriffs and Police Chiefs shall coordinate with the criminal justice training commission to ensure that issues related to motorcycle profiling are addressed in basic law enforcement training and offered in regional training for in-service law enforcement officers at all levels.
(3) For purposes of this section, "motorcycle profiling" means using the fact that a person rides a motorcycle or wears motorcycle-related paraphernalia as a factor in deciding to stop and question, take enforcement action, arrest, or search a person or vehicle with or without legal basis under the United States Constitution or the Washington state Constitution.--- END --- SB- ???? – DIGEST Requires local law enforcement agencies to: (1) Adopt a written policy designed to condemn and prevent motorcycle profiling; (2) Review and audit their existing procedures, practices, and training to ensure that they do not enable or foster the practice of motorcycle profiling; (3) Institute training to address the issues related to motorcycle profiling. Officers should be trained in how to better interact with persons they stop so that legitimate police actions are not misperceived as motorcycle profiling; and(4) Work with the motorcycle groups in their communities to appropriately address the issue of motorcycle profiling.

Information: Contact ABATE of WA and Rich Bright Richard.l.bright@us.army.mil or 509-697-9877

SEIZURE OF PROPERTY
CRIMINAL CHARGES MUST BE FILED IN 90 DAYS

Requires prosecutors to file criminal charges within 90 days of seizing personal property. Failure to file charges or provide notice to the court of intent to file charges within 90 days permits the owner of the seized property to file a motion with the court for return of the property.

The law enforcement agency in possession of seized personal property is liable for loss of or damage to the property while it is in the agency's possession. Specifies that this new section of law supersedes, to the extent inconsistent with, the current forfeiture statutes.

1.1 A bill for an act
1.2 relating to crimes; requiring law enforcement agencies
1.3 to return personal property seized if criminal charges
1.4 are not filed within 90 days; proposing coding for new
1.5 law in Washington Statutes,
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
1.7 Section 1. [SEIZURE OF PROPERTY; CRIMINAL CHARGES REQUIRED.]
1.9 (a) When personal property, whether subject to forfeiture
1.10 under sections ????? to ??????? or not, has been seized,
1.11 criminal charges must be filed within 90 days of seizure.
1.12 (b) The prosecuting authority shall certify to the court
1.13 that it has filed or intends to file charges against the alleged
1.14 violator no later than 90 days after the seizure.
1.15 (c) A claimant may file a motion for return of the property
1.16 if criminal charges are not brought within the time period
1.17 specified in paragraph (a). After a hearing on the issue, the
1.18 court shall order the property returned unless the prosecuting
1.19 authority, by clear and convincing evidence, establishes the
1.20 need for a continuance before criminal charges are filed.
1.21 (d) The law enforcement agency is liable for any loss or
1.22 damage to the property being held by the agency. In addition to
1.23 payment for loss or damage, the court may order the payment of
1.24 reasonable costs, expenses, attorney fees, and towing and
1.25 storage fees. If the court orders payment of these costs, they
2.1 must be paid from forfeited money or proceeds from the sale of
2.2 forfeited property from the appropriate law enforcement and
2.3 prosecuting agencies in the same proportion as they would be
2.4 distributed under section ????, subdivision ???.
2.5 (e) This subdivision supersedes to the extent inconsistent
2.6 with any other provision in sections ????? to ??????? or
2.7 other law.

Information: Contact ABATE of WA and Rich Bright Richard.l.bright@us.army.mil or 509-697-9877

How a Bill Becomes a Law

1 A bill may be introduced in either the Senate or House of Representatives by a member.

2 It is referred to a committee for a hearing. The committee studies the bill and may hold public hearings on it. It can then pass, reject or take no action on the bill.

3 The committee report on the passed bill is read in open session of the House or Senate, and the bill is then referred to the Rules Committee.

4 The Rules Committee can either place the bill on the second reading of the calendar for debate before the entire body, or take no action.

5 At the second reading, a bill is subject to debate and amendment before being placed on the third reading calendar for final passage.

6 After passing one house, the bill goes through the same procedure in the other house.

7 If amendments are made, the other house must approve the changes.

8 When the bill is accepted in both houses, it is signed by the respective leaders and sent to the governor.

9 The governor signs the bill into law or may veto all or part of it. If the governor fails to act on the bill, it may become law without a signature